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Heirs of Domingo Valientes vs. Ramas G.R.

Facts : Petitioners are heirs of Domingo Valientes who filed a case to cancel TCT of herein respondent Vilma Valencia Minor on the ground that the same was conveyed be a fraudulent deed. Minor moved to dismiss on the ground of prescription, the Regional trial Court denied . Minor moved for Reconsideration on the ground of forum shopping since earlier Valientes filed a case for cancellation of Memorandum of Encumbrance. The Regional Trial Court dismissed the case. Valientes filed petition for certiorari at Court of Appeals, CA dismissed on the grounds of prescription and laches. These grounds were never raised by on appeal in appellees brief.

Issue : Whether or not the court can dismiss the case on the ground of prescription.

Ruling : Prescription is proper . Petitioner was in possession of the land. Therefore his action is not action for Quieting of Title which does not prescribe. His action is based on implied trust (he who by fraud or mistake possess the property of another keeps the same in trust for the latter) and therefore prescribes in 10 years. Action was brought only after 28 years.