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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Ramon owns Lot 72. He discovers on February 27, 2021 that a deed dated January 3, 1995 conveying Lot 72 to his neighbor was forged, thereby clouding his title. He files reconveyance on February 27, 2031. 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 Ramon's case; (b) is Ramon's filing on February 27, 2031 timely; (c) if February 27, 2021 had fallen on a Sunday, would the filing still be timely under the same rules?

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The computation of periods excludes Sundays and holidays, so if the discovery date was a Sunday, the period would start on Monday. The prescriptive period begins to run on the discovery date; the filing on February 27, 2031 is timely; and if the discovery date had fallen on a Sunday, the filing would still be timely under the same rules. The prescriptive period begins to run on the date of recordation of the forged deed; the filing on February 27, 2031 is timely. The action for reconveyance has a 20-year prescriptive period and can be filed at any time.

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