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Patricio, et al. Vs. Andres Soro?gon, et al.

PATRICIO SINAON and MARIA, FRANCISCA and JOSE, all surnamed SINAON, petitioners, vs. ANDRES SORO?GON, ANASTACIA PARRE?O, SOLEDAD PARRE?O, ANA PARRE?O, MARCELINA, CLARITA, RUFINO and MANUEL, all surnamed ARELLANO, SIMPLICIO SOMBLINGO and BRIGIDA SOMBLINGO and COURT OF APPEALS, respondents.

G.R. No. L-59879 | 1985-05-13

D E C I S I O N


AQUINO, J.:

The issue in this case is whether an action for reconveyance of a registered five-hectare land, based on implied trust, would lie after the supposed trustees had held the land for more than forty years.

According to the documentary evidence consisting of public documents and tax records, Judge (later Justice) Carlos A. Imperial in a decree dated March 4, 1916 adjudicated to Canuta Soblingo (Somblingo), a widow, Lot No. 4781 of the Sta. Barbara, Iloilo cadastre with an area of 5.5 hectares. OCT No. 6178-A was issued in 1917 to Canuta (Exh. 6 and 7 or B).

In 1923 Canuta sold the lot to the spouses Patricio...