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Teodora Mariano vs. Jesus R. De Vega

TEODORA, MARTA, JOSE, SIXTO, RICARDO, ROBERTO, PILAR, VIRGILIO, all surnamed MARIANO and AURORA EUGENIO, petitioners, vs. THE HON. JUDGE JESUS R. DE VEGA, PRESIDING JUDGE, COURT OF FIRST INSTANCE OF BULACAN, BRANCH II, PILAR, REGINA, FELISA and DOMINADOR all surnamed PANGANIBAN, respondents.

G.R. No. L-59974 | 1987-03-09

D E C I S I O N

PARAS, J:

This is an appeal from the order of the then Court of First Instance of Bulacan in Civil Case No. 6200-M ** for partition and delivery of possession of certain shares in the conjugal assets. The dispositive portion of the order which herein petitioners assail states:

"Upon due research and study, the Court finds sustainable the position of the defendants that the settled prevailing rule at present as laid down in latest decisions of the Supreme Court is that the right or action to enforce an implied or constructive trust (which is the situation indicated in the case at bar) in one's favor prescribes in ten (10)...