In order to recover your share of the subject parcel of land, you have to file

before a court a petition for the annulment of the deed of extrajudicial

settlement and to cancel the TCT issued to your brothers. In Gerona, et al. v.

de Guzman, et al. (G.R. No. L-19060, May 20, 1964), penned by former

Associate Justice Roberto Concepcion, the Supreme Court explained:

“When respondents executed the aforementioned deed of extra- judicial

settlement stating therein that they are the sole heirs of the late Marcelo de

Guzman, and secured new transfer certificates of title in their own name, they

thereby excluded the petitioners from the estate of the deceased, and,

consequently, set up a title adverse to them. And this is why petitioners have

brought this action for the annulment of said deed upon the ground that the

same is tainted with fraud.”

Please be informed, however, that you have to file the petition within four (4)
years from the time of the subject deed of extr-judicial settlement was

registered with the Register of Deeds, otherwise, your case would be barred

by prescription. In the aforementioned case of Gerona, et al. v. De Guzman,

et al., the Supreme Court also held:

“Inasmuch as petitioners seek to annul the aforementioned deed of

“extrajudicial settlement” upon the ground of fraud in the execution thereof,

the action therefor may be filed within four (4) years from the discovery of

the fraud (Mauricio v. Villanueva, L-11072, September 24, 1959). Such

discovery is deemed to have taken place, in the case at bar, on June 25, 1948,

when said instrument was filed with the Register of Deeds and new

certificates of title were issued in the name of respondents exclusively, for the

registration of the deed of extrajudicial settlement constitutes constructive

notice to the whole world.” (Emphasis supplied)

I. Proposal or conspiracy to commit a felony is not punishable unless the law makes the
proposal or conspiracy punishable.
II. There is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.