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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Marcel, owner of Lot 12, discovers on April 12, 2018 that a deed dated June 9, 2006 conveying Lot 12 to his neighbor was forged, thereby clouding his title. He files reconveyance proceedings on April 12, 2028. Under the Civil Code provisions on legal periods (NCC, Art. 13) and the Revised Administrative Code of 1987, Book I, Chapter VIII, Sec. 31: (a) when does the prescriptive period to sue for reconveyance begin to run in Marcel’s case; (b) is Marcel’s filing on April 12, 2028 timely; (c) if April 12, 2028 had fallen on a Sunday, would the filing still be timely under the same rules?

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The prescriptive period begins on June 9, 2006, the date of the forged deed; filing on April 12, 2028 would be beyond the period. The prescriptive period can be interrupted by filing a separate action for cancellation of forged title; if interrupted, the period resets anew. The prescriptive period begins on April 12, 2018 but the period is 20 years; filing on April 12, 2028 would still be timely. The prescriptive period begins on April 12, 2018 (date of discovery); the filing on April 12, 2028 is timely; if April 12, 2028 fell on a Sunday, the filing would still be timely because the rule allows filing on the next working day.

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