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Purita Salvatierra vs. Court of Apppeals (CA)

PURITA SALVATIERRA, ELENITA SALVATIERRA NUNEZ, ANSELMO SALVATIERRA, JR., EMELITA SALVATIERRA, and ROMEL SALVATIERRA, petitioners, vs. THE HONORABLE COURT OF APPEALS and SPS. LINO LONGALONG and PACIENCIA MARIANO, respondents.

G.R. No. 107797 | 1996-08-26

HERMOSISIMA, JR. J.:

The intricate yet timeworn issue of prescription has come to the fore in this case. Which prescriptive period for actions for annulment should prevail, Art. 1391 of the New Civil Code which limits the filing of actions to four (4) years or Art. 1144 of the same Code which limits the period of the filing of actions on certain grounds to ten years? Likewise, at issue is whether or not there was a double sale to a party or parties under the facts obtaining.

The petitioners in this case filed the herein petition for certiorari, assailing as they do the decision of the Court of Appeals which held 1:

WHEREFORE, the decision...