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Question 3
3. Alice and Sheila occupied a parcel of land which they inherited from their
parents. In 2003, Alice executed an affidavit of self-adjudication over the
property and was issued a certificate of title solely under her name. In
August 2024, Sheila discovered that she was excluded from the certificate
of title. Sheila filed against Alice an action to reconvey the land based on
implied trust. Sheila alleged continuous actual possession of the property
and deprivation of share as compulsory heir. Alice countered that the
prescriptive period to reconvey real property based on an implied trust is
10 years reckoned when she repudiated the trust in 2003 upon the issuance
of certificate of title in her name. Thus, Sheila’s action for reconveyance
filed only in 2024 had already prescribed. Is Sheila’s cause of action to
recover her share in the property from Alice already prescribed?
Explain.
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