Ermac v.

Medelo Summary settlement of estates of small value FACTS: Potenciano Ermac and spouse Anastacia Mariquit died leaving only one parcel of land in Iligan City with an assessed value of Php 590.00. Cenon Medelo, one of the grandchildren, filed a petition for summary settlement of said estate. All requirements having been complied with and there being no oppositions thereto, the petition was granted, enumerating the heirs entitled to participate in the inheritance and ordering Medelo to present the proper project of partition of the lot. Pedro Ermac, one of the children of the spouses, moved for reconsideration claiming that the lot belongs to him and his wife. This motion was denied with the court ruling that a separate suit is the proper remedy and accordingly, Ermac instituted a separate civil case. The court then approved the project of partition submitted by Medelo. Ermac objected to this on the ground that the lot is subject of a pending case. TC: dismissed action for partition. Petitioners failed to overcome the presumptive validity of the extrajudicial settlement as a public instrument. Also, the action for partition had prescribed. CA: upheld validity of the extrajudicial partition and sustained dismissal of the case. Whether the extrajudicial settlement is valid. YES There was no evidence to show that extrajudicial settlement was required to enable Rosario to obtain the loan. That Jovita and Gregorio Jr. meant the settlement to be fully effective is shown by the fact that Rosario performed acts of dominion over the entire land without any objection from them. Instead, Jovita agreed to lease the land from her mother and accepted from her a special power of attorney to use the land as collateral for a loan. Jovita contends that she could not have waived her share in the land because she was landless. For that matter, Caridad is also landless but she signed the agreement. What the records reveal is the intention of Jovita to cede their interest in the land to Rosario. It is immaterial that they had been initially motivated by the desire to acquire a loan. Under Art. 1082 of the Civil Code, every act which is intended to put an end to indivision among co-heirs is deemed to be a partition even though it should purport to be a sale, an exchange, or any other transaction. Whether Gregorio Jr. was barred by laches from recovering his share in the land. NO The registration of the land in Rosarios name created an implied trust in his favor by analog to Art. 1451 of the Civil Code. For prescription to run in favor of the trustee, the trust must be repudiated by unequivocal acts made known to the cestui que trust and proved by clear and conclusive evidence.