ADILLE V. CA- Notice of Repudiation

Registration is not equivalent to notice of repudiation when it is done to defraud the others. Torrens title cannot be used as shield for fraud.

FACTS:

There was a woman who had two husband. With the first husband, she produced the Petitioner. The second husband, the Respondents. Meanwhile, this woman owned a land and sold the same to a third person with right of repurchase. However, when the woman died, it was Petitioner who by himself repurchased the land and later on he executed an affidavit of sole ownership and registered the land unto himself alone. Eventually, the other heirs (Respondent) learned of the registration so they filed an action to cancel the title.

Now Petitioner claims prescription almost on similar grounds with the previous case, i.e. the registration constituted constructive notice to the other heirs, if not to the world.

ISSUE:

Whether or not Petitioner is correct.

RULING:

NO! First of all, the redemption by Petitioner benefited all so that the ownership did not transfer to him alone. The other heirs only need to reimburse him.

As to the notice, the registration by Petitioner cannot be considered as notice of the repudiation because they were done in bad faith to deprive the other co-heirs. In fact, they were done clandestinely. One of the co-heir in fact was in possession of the land and yet he was not informed of the pending registration nor ousted by Petitioner. Hence, should there have been any notice, it would be during litigation when the heirs finally learned of the registration. In that case, there is no prescription yet.