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VOL. 167, NOVEMBER 22, 1988 535

Villagonzalo vs. Intermediate Appellate Court

*
No. L-71110. November 22, 1988.

PAZ VILLAGONZALO, ESTELA VILLAGONZALO,

AIDA VILLAGONZALO, HERMINIA VILLAGONZALO,
GWENDOLYN VILLAGONZALO, JENSINE
VILLAGONZALO and LEONILA VILLAGONZALO,
petitioners, vs. INTERMEDIATE APPELLATE COURT
and CECILIA A. VILLAGONZALO, respondents.

Civil Law; Property; Prescription; Reconveyance; Implied

Trust; Actions for reconveyance of real property to enforce an
implied trust prescribe in 10 years.—It is now well settled that an
action for reconveyance of real property to enforce an implied
trust shall prescribe after ten years, since it is an action based
upon an obligation created by law, and there can be no doubt as to
its prescriptibility. It is likewise established that said period of
ten years is counted from the date adverse title to the property is
asserted by the possessor thereof. In the case at bar, that
assertion of adverse title, which consequently was a repudiation
of the implied trust for the purpose of the statute of limitations,
took place when Transfer Certificate of Title No. 4259 was issued
in the name of private petitioner on July 18,1962.
Same; Same; Same; Same; Same; Laches; An action to enforce
an implied trust may be barred not only by prescription but also by

________________

* SECOND DIVISION.

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536 SUPREME COURT REPORTS ANNOTATED

Villagonzalo vs. Intermediate Appellate Court

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laches.—There is also evidence of record that as far back as 1961,

private respondent refused to give any share in the produce of the
land to petitioners; that in 1963 she mortgaged the property in
her own name; and that in 1969, she leased the same to one
Ramon Valera, without the petitioners taking preventive or
retaliatory legal action. The rule in this jurisdiction is that an
action to enforce an implied trust may be barred not only by
prescription but also by laches, in which case repudiation is not
even required. Whether the trust is resulting or constructive, its
enforcement may be barred by laches. Petitioners were, therefore,
correctly faulted for their unjustified inaction.

PETITION to review the judgment of the then

Intermediate Appellate Court.
The facts are stated in the opinion of the Court.
          Julio L. Falcone and Makilito B. Mahinay for
petitioners.
     Adelino B. Sitoy for private respondent.

REGALADO, J.:

From a decision rendered in favor of herein petitioners, as

plaintiffs, against herein private respondent, as defendant,
in an action for reconveyance
1
in the then Court of First
Instance of Leyte, which reads:

"Wherefore, decision is hereby rendered in favor of the plaintiffs

and against defendant declaring Lot No. 7429 of the Ormoc
Cadastre, situated at Bo. Dolores, Ormoc City, with an area of
97,213 square meters, more or less, as the conjugal property of the
deceased spouses, Juan Villagonzalo and Felicisima Abella
Villagonzalo hereby ordering the cancellation of Transfer
Certificate of Title No. 4259 in the name of Cecilia A.
Villagonzalo and ordering the Register of Deeds of Ormoc City to
issue another Transfer Certificate of Title in the name of spouses
Juan C. Villagonzalo and Felicisima A. Villagonzalo, Filipinos,
of legal age, residents of Cebu City now deceased and survived by
the present plaintiffs and defendants, each of whom upon
payment of the inheritance taxes with the BIR, shall be entitled
to 1/ 9 share of the land, subject to claims by other heirs and
creditors within a period of two (2) years as provided for by the
Rules of Court,

_______________

1 Fifth Branch; Civil Case No. 1409-0.

537

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VOL. 167, NOVEMBER 22, 1988 537

Villagonzalo vs. Intermediate Appellate Court

and further ordering the partition of the said land within a period
of ninety (90) days from the finality of this decision and if the
parties cannot agree on the partition this Court may appoint a
commissioner
2
to partition the same without pronouncement as to
costs."

therein defendant appealed to the 3former Intermediate

Appellate Court which, in a deeision of the Second Civil
Cases Division in AC-G.R. No. 65128, reversed the
appealed judgment and dismissed the complaint for
reconveyance. As found by the respondent Court—

"The facts in this regard show that on February 22,1961, Juan C.

Villagonzalo, the predecessor-in-interest of the parties ,
purchased Lot No. 7429 of the Ormoc Cadastre, situated at Barrio
Dolores, Municipality of Ormoc, containing an area of 97,213 sq.
meters covered by Transfer Certificate of Title No. 24611 of the
Register of Deeds of Ormoc City, from the Heirs of Roman
Matuguina for P1,500.00 (Exhibits A and 6, Folder of Exhibits,
pp. 1, 15). It was made to appear however that the sale was in the
name of his daughter, defendant Cecilia Villagonzalo, who was
single, since he borrowed from her the sum of P500.00 to complete
the full payment of the price of the lot. Consequently, TCT No.
4259 was issued in the name of defendant Cecilia A.
Villagonzalo as the registered owner (Exhibit 5, Ibid., p. 15) on
July 18,1962. The complaint was filed on April 2, 1975 thirteen
(13) years after the issuance of Transfer Certificate of Title No.
4259 on the subject
4
land in the name of the defendant Cecilia
Villagonzalo."

On such factual moorings, the respondent court, now the

Court of Appeals, held that the right of action of therein
plaintiffs-appellees, petitioners
5
herein, had prescribed for
the reasons that follow.
It ratiocinated that when private respondent obtained
Transfer Certificate of Title No. 4259 in her name she
thereby excluded herein petitioners from the estate of their
deceased

_______________

2 Rollo,11-12.
3 Penned by Crisolito Pascual, J., with whom concurred Serafin E.
Camilon and Desiderio P. Jurado, JJ.
4 Rollo, 12-13.
5 Rollo, ibid.

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Villagonzalo vs. Intermediate Appellate Court

predecessor-in-interest and, consequently, she set up a title

to the land adverse to them. The registration of the deed of
sale with the Register of Deeds, so it opined, was
constructive notice to the whole world of defendant's
adverse claim to the property, thereby repudiating any
fiduciary or trust relationship involved. It anchored its
conclusion on doctrinal holdings that an action for
reconveyance based on an implied or constructive trust
prescribes in ten years counted from the date when adverse
title is asserted by the possessor of the property.
Prescinding therefrom into the field of laches,
respondent court further noted that because of the neglect
and inaction of the present petitioners, the private
respondent was thereby made to feel secure in her belief
that she had rightly acquired the controverted land and
that no legal action would be filed against her. She was
thus induced to spend time, money and effort for the
cultivation of the land and the payment of the taxes
thereon. It then further rested its conclusion on the
established principle that inaction and neglect of a party to
assert a right can convert what could otherwise be a valid
claim into a stale demand.
Petitioners have come before Us contending that their
action was seasonably filed because private respondent's
registration of the land in her name was not a repudiation
of the implied trust created between her and their father;
and, confusing extinctive for aquisitive prescription, that
good faith and just title are essential requisites in this case.
The respondent court is correct and certiorari must be
denied.
It is now well settled that an action for reconveyance of
real property to 6 enforce an implied trust shall prescribe
after ten years, since it 7
is an action based upon an
obligation created 8by law, and there can be no doubt as to
its prescriptibility.

_______________

6 Cuaycong, et al. vs. Cuaycong, et al., 21 SCRA 1193 (1967). See also
Buencamino, et al. vs. Matias, et al., 16 SCRA 849 (1966); Araneta vs.
Perez, et al., 17 SCRA 643 (1966); Pascual, et al., vs. Meneses, et al., 20
SCRA 219 (1967); Julio vs. Dalandan, 21 SCRA 543 (1967); Fabian, et al.,

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vs. Fabian, et al., 22 SCRA 231 (1968); Escay, et al., vs. Court of Appeals,
et al, 61 SCRA 369 (1974).
7 Art. 1144 (2), Civil Code.
8 Ramos, et al. vs. Ramos, et al., 61 SCRA 284 (1974).

539

VOL. 167, NOVEMBER 22, 1988 539

Villagonzalo vs. Intermediate Appellate Court

It is likewise established that said period of ten years is

counted from the date adverse title to the property is
asserted by the possessor thereof. In the case at bar, that
assertion of adverse title, which consequently was a
repudiation of the implied trust for the purpose of the
statute of limitations, took place when Transfer Certificate
of Title No. 4259 was issued in the name of private
petitioner on July 18,1962. As succinctly 9
but pithily
resolved in Vda. de Pama vs. Pama, et al.:

"x x x Considering the settled doctrine that an action for

reconveyance of real property based upon constructive or implied
trust prescribes in ten (10) years counted from the date adverse
title is asserted by the possessor of the property (Diaz vs.
Gorricho, 103 Phil. 261; Candelaria vs. Romero, 109 Phil. 100; J.
M. Tuazon vs. Magdangal, 114 Phil. 42); that when respondent
Guillermo Pama caused the registration on June 18,1956 of the
affidavit of adjudication declaring himself to be the sole heir of the
late Mateo Pama and obtained Transfer Certificate of Title No. T-
4006 in his own name, he thereby excluded petitioners from the
estate of the deceased Mateo Pama and, consequently, set up a
title adverse to them; that such registration constitutes
constructive notice to petitioners of the respondent's adverse
claim to the property (Carantes vs. Court of Appeals, 76 SCRA
514, 523; Gerona vs. de Guzman, 11 SCRA 153, 157); and it
appearing that petitioners filed their complaint for reconveyance
only on April 28, 1969, or twelve (12) years, ten (10) months and
ten (10) days after their cause of action had accrued on June 18,
1956; this Court resolved to dismiss this petition and to10affirm the
questioned order dismissing petitioner's complaint x x."

There is also evidence of record that as far back as 1961,

private respondent refused to give any share in the produce
of the land to petitioners; that in 1963 she mortgaged the
property in her own name; and that in 1969, she leased the
same to one Ramon Valera, without 11the petitioners taking
preventive or retaliatory legal action.

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The rule in this jurisdiction is that an action to enforce

an implied trust may be barred not only by prescription but
also

_______________

9 124 SCRA 377 (1983).

10 See also Duque, et al. vs. Domingo, et al., 80 SCRA 654 (1977).
11 Brief for Private Respondent, Rollo, 101-102.

540

540 SUPREME COURT REPORTS ANNOTATED

Boman Environmental Dev't. Corp. vs. Court of Appeals

12
by laches, in which case repudiation is not even required.
Whether the trust is resulting or13 constructive, its
enforcement may be barred by laches. Petitioners were,
therefore, correctly faulted for their unjustified inaction.
WHEREFORE, the judgment of the respondent Court is
hereby AFFIRMED.
SO ORDERED.

     Melencio-Herrera (Chairperson), Paras, Padilla and

Sarmiento, JJ., concur.

Judgment affirmed.

Note.—The period of prescription in cases of implied

trusts is 10 years from issuance of title fraudulently
procured by a coheir. (Heirs of Tanak Pangawaran
Patiwayan vs. Martinez, 142 SCRA 252.)

——o0o——

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