2016 (Civil Law) Bar Exam Questions: Question 8

[Answer/discuss the question below, or see 2016 bar exam Civil Law Instructions; 2016 Labor Law Questions:   12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]


Joven and Juliana are the owners of a 30-hectare plantation in Cotabato, covered by a title. One day, a group ofarmed men forcibly entered their house and, at gun point, forced them to sign a Deed of Absolute Sale in favor ofRomeo. Romeo got the title from them and they were ejected from the house and threatened not to come back or else they will be killed. The spouses went to Manila and resided there for more than 35 years. They never went back to Cotabato for fear oftheir lives. Word came to them that peace and order have been restored in their former place ofresidence and they decided to reclaim their land for the benefit of their grandchildren. Joven and Juliana filed a suit for reconveyance of their property. This was opposed by the grandson of Romeo to whom the title was eventually transferred, on the ground of laches and prescription. Decide the case and rule on the defenses of laches and prescription. Explain your answer. (5%)

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