Sam Boy M.

Malaga

QUESTION

On 01 January 1980, Redentor and Remedies entered into an agreement by virtue of

which the former was to register a parcel of land in the name of Remedies under the
explicit covenant to reconvey the land to Remigio, son of Redentor, upon the son's
graduation from college. In 1981, the land was registered in the name of Remedies.
Redentor died a year later or in 1982. In March 1983, Remigio graduated from college.
In February 1992, Remigio accidentally found a copy of the document so constituting
Remedies as the trustee of the land. In May 1994, Remigio filed a case against Remedies
for the reconveyance of the land to him. Remedies, in her answer, averred that the
action already prescribed. How should the matter be decided?

ANSWER

The matter should be decided in favor of Remigio (trustee) because the action has not
prescribed. The case at bar involves an express trust which does not prescribe as long as
they have not been repudiated by the trustee