Josefina Valdez, Et - Al vs. Teofila Olorga Et. Al

JOSEFINA VALDEZ, et.al vs.
TEOFILA
OLORGA et. Al
Case: This is an action for partition filed by the
living children and grandchildren of the late
spouses Federico Valdez, Sr. and Juanita Batul
against the heir and widow of Federico Valdez, Jr.
The action concerns Lot No. 18, of Puerto Princesa
Cadastre, covered by T.C.T. No. T-94 in the name
of Federico Valdez, Jr.
FACTS:
The land in question Lot No. 18 of the Puerto
Princesa Cadastre, was originally purchased by
the spouses Federico Valdez, Sr. and Juanita Batul
from Dolores M. de Gutierrez for P500.00;
however the sale not registered because the
original title was lost, but they had been in open,
public, peaceful and uninterrupted occupation
and possession of Lot No. 18, the property in
question, since the year 1930 or 1933; The
parties herein, plaintiffs and defendants alike, are
all successors-in-interest of the spouses, either as
forced or compulsory heirs or in representation
thereof;
Portion of the property was rented out to certain
Mr. Quicho who eventually purchased a portion of
said lot.
That in 1947, upon discovering that the land in
question had not been transferred in the name of
their parents, Josefina Valdez made efforts to
have the said land transferred to them, and
commissioned cousin Mrs. Castro, together with
Federico Valdez, Jr., to negotiate with the
Gutierrez family for the purpose, which
culminated in the execution of the deed of sale.
The Gutierrez family demanded additional
payment from vendees. Mr. Quicho advanced the
amount of P2,200.00 partly as purchase price of
the portion purchased by him, in the final
execution of the deed of sale, and
The Deed of Sale was finalized but was finally
placed in the name of Valdez, Jr. alone as vendee,
instead of the "Heirs of Federico Valdez, Sr." or
"Heirs of Juanita Batul" with the express
understanding that he will hold the same in trust
for his other brother and sisters. It was done
through the suggestion of Mr. Quicho who wanted
to facilitate his own deed of sale over the portion
that he purchased;
Valdez, Jr. never asserted, nor attempted to
assert, during his lifetime, sole and exclusive
ownership of the premises in question, against
the herein plaintiffs; but after his death in 1960,
his widow tried to eject the plaintiffs.
Hence this action for partition.
DEFENSE :
The legal point raised by the appellants is that
since the land in question was sold to the late
Federico Valdez, Jr. in 1948 and the Transfer
Certificate of Title, so he alleges, was issued in
his name in 1950, the action had already
prescribed when it was filed more than ten (10)

years thereafter, or in 1962; that furthermore,
from the date of the sale up to the time his death
in 1960 he exercised exclusive ownership of the
land. In other words the appellants claim both
extinctive and acquisitive prescription.
Lower Court:
(1.) There was an implied trust. The deed of sale
was executed and the name of Federico Valdez, Jr.
was made to appear therein as the only vendee,
"this was done pursuant to the wishes of Mr.
Quicho who advanced the money, in order that
he could facilitate the deed of sale between him
and the Valdezes, With the understanding that
Federico Valdez, Jr. will hold the same in, trust for
his other brother and sisters;"
(2) that when 'Federico Valdez, Jr. was still living,
"he never attempted to exclude the herein
plaintiffs from ownership of the land in question,
(and) said plaintiffs have been in continuous and
uninterrupted possession of the premises they
are occupying inside the lot in question long
before the execution of the deed of sale (and) it
was only after the death of Federico Valdez, Jr. (in
1960) that the widow, Teofila Olorga, tried to
eject the plaintiffs."
ISSUES:
1. WON there was an implied trust
created among Valdez Jr and the other co-heirs.
YES
2. WON the heirs of Valdez Jr. have
acquired the property through prescription. NO
RULING: 1.) There was an implied trust.. Given
the antecedents of the property and the fact that
its acquisition by Federico Valdez, Jr. was for the
benefit not of himself alone but also of his brother
and sisters, although for purposes of convenience
he was made to appear as the sole vendee, the
juridical relation that arose among them was one
of co-ownership, with the plaintiffs-appellees
actually in possession of a portion of the property
2.)
Under Article 494 of the Civil Code, "No
prescription shall run in favor of a co-owner or
co-heir against his co-owners or co-heirs so long
as he expressly or impliedly recognizes the coownership." Insofar as the aspect of extinctive
prescription referred to in this article is
concerned, it is but a restatement of Article 1965
of the Spanish Civil Code, which provides: "As
between co-heirs, co-owners, or proprietors of
adjacent estates, the action to demand the
partition of the inheritance or of the thing held in
common, or the survey of the adjacent
properties, does not prescribe." And from the
standpoint of acquisitive prescription, or
prescription of ownership, this Court has held in
numerous decisions involving fiduciary relations
such as those occupied by a trustee with respect
to the cestui que trust that as a general-rule the
former's possession is not adverse and therefore
cannot ripen into a title by prescription. Adverse
possession in such a case requires, the
concurrence of the following-circumstances: (a)
that the trustee has performed unequivocal acts
of repudiation amounting to an ouster of
the cestui que trust; (b) that such, positive acts

of repudiation have been made known to
the cestui que trust and (c) that the evidence
thereon should be clear and conclusive. * These
circumstances are not present in this case.
In view of the foregoing considerations the

judgment appealed from is hereby affirmed. With
costs.

Josefina Valdez, Et - Al vs. Teofila Olorga Et. Al

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JOSEFINA VALDEZ, et.al vs.

prescribed when it was filed more than ten (10)

the cestui que trust; (b) that such, positive acts

In view of the foregoing considerations the

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