[ G.R. No. L-33259. August 31, 1983 ] 209 Phil. 311
SECOND DIVISION
[ G.R. No. L-33259. August 31, 1983 ]
ROSARIO CELO VDA. DE PAMA, FOR HERSELF AND IN BEHALF OF HER MINOR CHILDREN, NAMELY: JESSIE, AURORA, ROMEO, LILIA AND ARNOLD, ALL SURNAMED PAMA; AND VICTORIA JORDA, PETITIONERS, VS. GUILLERMO PAMA AND LOURDES PAGAYAN, RESPONDENTS. R E S O L U T I O N
ESCOLIN, J.:
Acting on this petition for review on certiorari of the decision of the defunct Court of First Instance of Cotabato in Civil Case No. 170, dismissing the petitioners’ complaint for reconveyance on ground of prescription; considering the settled doctrine that an action for reconveyance of real property based upon constructive or implied trust prescribes in ten [10] years counted from the date adverse title is asserted by the possessor of the property [Diaz vs. Gorricho, 103 Phil. 261; Candelaria vs. Romero, 109 Phil. 500; J.M. Tuazon vs. Magdangal, 114 Phil. 42]; that when respondent Guillermo Pama caused the registration on June 18, 1956 of the affidavit of adjudication declaring himself to be the sole heir of the late Matea Pama and obtained Transfer Certificate of Title No. T-4006 in his own name, he thereby excluded petitioners from the estate of the deceased Matea Pama and, consequently, set up a title adverse to them; that such registration constitutes constructive notice to petitioners of the respondent’s adverse claim to the property [Carantes vs. Court of Appeals, 76 SCRA 514, 523; Gerona vs. de Guzman, 11 SCRA 153, 157]; and it appearing that petitioners filed their complaint for reconveyance only on April 28, 1969, or twelve (12) years, ten (10) months and ten (10) days after their cause of action had accrued on June 18, 1956; this Court resolved to dismiss this petition and to affirm the questioned order dismissing petitioners’ complaint in Civil Case No. 170. No costs.
SO ORDERED.
Makasiar, (Chairman), Concepcion, Jr., Guerrero, and Abad Santos, JJ., concur. Aquino, J., see concurring opinion. De Castro, J., on sick leave.