201 SCRA 641


Lino bought a lot from the friar lands. He died and was survived by his brothers and sisters. Galileo was the caretaker of the property. He was able to execute an affidavit adjudicating to himself the parcel of land and was able to secure the issuance of a TCT in his name. This prompted the heirs of his siblings to file for reconveyance.


When the co-owner of the property executed a deed of partition and on the strength thereof, obtained a cancellation of the title in the name of their predecessor and the issuance of a new title in his name as owner, the statute of limitations started to run for the purposes of the action instituted by the latter seeking a declaration of the existence of the co-ownership and
their rights thereafter. The issuance of a new title constituted a clear act of repudiation of the trust and co-ownership.