328 SCRA 97


An action for quieting of title was filed by petitioner against Santos. The subject land was inherited from their father. Their brother was able to mortgage the land and upon failure to pay, the REM was foreclosed. They later knew about the REM and foreclosure and subsequent sale to Santos.


A co-owner cannot acquire by prescription the share of other co-owners absent any clear indication of repudiation of co-ownership. An action to quiet title is a common law remedy for the removal of any cloud or doubt or uncertainty on the title to real property.