Epitacio Delima v. Hon. Court of Appeals

Summary

This case involves a property inheritance dispute among the heirs of Lino Delima over Lot No. 7758 of the Talisay-Minglanilla Friar Lands Estate. While the property was initially titled to all legal heirs represented by Galileo Delima in 1953, Galileo obtained an exclusive title in his name alone in 1954 through an affidavit of extra-judicial declaration of heirs, effectively excluding other co-heirs. The other heirs filed an action for reconveyance and partition in 1968, fourteen years later. The Supreme Court held that Galileo's acquisition of exclusive title in 1954 constituted a clear repudiation of the co-ownership, starting the 10-year prescription period for actions based on constructive trust. Since the other heirs filed their action in 1968, it was already barred by prescription. The Court established that while actions for partition among co-owners are generally imprescriptible under Article 494 of the Civil Code, this rule does not apply when one co-owner has adversely possessed the property as exclusive owner for the statutory period sufficient to acquire ownership by prescription. The case provides important precedent on the requirements for adverse possession by a co-owner against other co-heirs and when prescription begins to run in property inheritance disputes.