Petitioner
Vivencia Laguna
Respondent
Ambrosia Levantino
Citation
G.R. No. 47386
Court
Supreme Court En Banc
Division
En Banc
Ponente
Moran, J.
Decided
April 18, 1941

Summary

This case involves a property inheritance dispute where two parcels of land belonging to deceased Justo Laguna were erroneously included in the partition of conjugal properties of his deceased son Bonifacio and daughter-in-law Ambrosia Levantino. Vivencia Laguna, Justo's daughter, sued to recover the properties after discovering the error six years later. The Supreme Court ruled that Bonifacio's possession during his father's lifetime was as trustee, not adverse, and mere tax declarations without unequivocal repudiation cannot establish prescriptive title against the cestui que trust. The partition was void as to Ambrosia who had no inheritance rights from Justo. The Court distinguished the action as reivindicacion rather than rescission, applying the longer ten-year prescription period, and found no estoppel due to innocent mistake.

Statutes applied

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By the Intellegal Editorial Board · April 18, 1941

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