Petitioner
Antipolo Ining (Deceased)
Respondent
Leonardo R. Vega
Citation
G.R. No. 174727
Court
Supreme Court
Division
Second Division
Ponente
Del Castillo, J.
Decided
August 12, 2013

Summary

Leon Roldan owned land in Kalibo, Aklan and died without issue, leaving siblings Romana and Gregoria as heirs. Their respective heirs became co-owners of the inherited property. Leonardo Vega, Romana's grandson, filed partition case in 1997. Petitioners (Gregoria's heirs) claimed exclusive ownership through alleged 1943 sale to Lucimo Sr., husband of Gregoria's granddaughter. Courts found sale documents spurious. Key issue was whether Leonardo's action prescribed. Supreme Court held that Lucimo Sr., being merely related by affinity, was not a co-owner and could not repudiate co-ownership to start prescription period. Since no valid repudiation occurred, Leonardo's partition action was timely. Court ordered equal partition between both sets of heirs, establishing that relations by affinity cannot affect inheritance rights or co-ownership relationships under Philippine law.

Intellegal Wiki · Key Holding

A person related only by affinity (a son-in-law) is not a co-owner and cannot repudiate the co-ownership; absent a valid repudiation, prescription does not run against the other co-owners, and a partition action is timely.

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By the Intellegal Editorial Board · August 12, 2013

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