This case has been cited 1 times or more.
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2013-02-13 |
REYES, J. |
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| These events indubitably show that Hilaria and Felipa failed to assert exclusive title in themselves adversely to Emilia. Their acts clearly manifest that they recognized the subsistence of their co-ownership with respondent Emilia despite the issuance of TCT No. 42244 in 1962. Their acts constitute an implied recognition of the co-ownership which in turn negates the presence of a clear notice of repudiation to the respondent. To sustain a plea of prescription, it must always clearly appear that one who was originally a joint owner has repudiated the claims of his co-owners, and that his co- owners were apprised or should have been apprised of his claim of adverse and exclusive ownership before the alleged prescriptive period began to run.[46] | |||||