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PEDRO GENEROSA v. PACITA PRANGAN-VALERA

This case has been cited 1 times or more.

2010-09-15
CARPIO, J.
In the present case, all three requisites have been met.  After Juanita's death in 1989, petitioners sought for the partition of their mother's land.  The heirs, including Ricardo, were notified about the plan.  Ricardo, through a  letter dated 5 June 1998, notified petitioners, as his co-heirs, that he adjudicated the land solely for himself. Accordingly, Ricardo's interest in the land had now become adverse to the claim of his co-heirs after repudiating their claim of entitlement to the land.  In Generosa v. Prangan-Valera,[12] we held that in order that title may prescribe in favor of one of the co-owners, it must be clearly shown that he had repudiated the claims of the others, and that they were apprised of his claim of adverse and exclusive ownership, before the prescriptive period begins to run.