JurisAtlas

HomeBar Review2024Civil LawQuestion 3

Question 3

2024 Bar · Civil Law · 1 sub-question

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.

Model answer · ALAC

Answer — Legal basis — Application — Conclusion.

AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.

Sign in free to read Question 1 of every Civil Law year — subscribe to unlock all model answers & authorities.

Sign in or register — it's freeHave an access code? Redeem it →