Carantes v. CA, tb SCRA Si (TD Sacts, Mateo Cavantes, oriainal owner of Lot No, 44 Situated at Leakan, Baguio City, died w (> leaving i widow Ogasia, and Sit childven, namely, Biad, Lauro, Critgina, Marimino, Agung, and Sinan. Tn 80, te seveenmoat, in order to exgand the landing field of the Loakan Aivgort, Filed for the expragviation of a fortion of Lot. tle, 44. Said lot wos Svodiwuled wto Lots, No. 44A to 44E for the gurqe%e. Ta 1%, Manimino Carramtes (AK) wos aggeinted the ideal administrator of the estate of Mates, Fare ties, nawmely, Bilad, Laure, Siamandy dnd Crisigine, executed a deed denowinated "Assignment of Right to Tehewtance” assigning to Max thelr vightS over Said lot in (19, The Stated monetary consideration % FO On Same date, Max sold Lot nos. 448 and 44¢ to the government. One year later the Covet of First Lnstance, URon pint getition of the Cacrantes hes, Weved an oxder canceling OCT. No. % and TCT Ho 159% was issued in it glace On W Mavch 1840, Max veqSteved the deed of Assignment of Right to Inhentarce®. This, TCT No, 158 was cancelled and TCT 1540 was issued in the name of Max A Formal deed of Sale was abo executed by Mak on the Same date in Favor of the government. Hence, TCT 1540 was cancelled and vew TCT were issued in Favor of the government and Max, vesgectively, On 4 Set. 152, Bilad, Lavra, and Crsgina, alone with the Sueviving bees of Agdng, and Slandng, Filed Com@laint tw the CF, “They claimed that the execution of the deed of assignment was attended loy Fraud. The trial covet decided that the action of the haies had already grescribed Since an action om Fraud prescribes on four years From discovery of Such, in tis case, on tb March 1940 when Max registered the deed of assigament: The Couct of Aggeats veversed and Fain that a conbtwuctve TWuSt was created. Hence, the resent petition “Lesve: whether of not the action had already greserioed Held Action had alveady loeen grescrived because there was constructive wotice to the Heies when Maximina reqirtered tHe deed of artignuant with He wegeter of deeds on 6 March (MO, Such date if the weckoning point of counting erescriptions based on Fraud Anant vesgondent courts contention that constructive ust 6 inprescrgtiole, the court Said that ct Uotenable, T+ i alveady settled that constwctwe twusts ereseribes in 10 years, In ths case, the ten year gered Started on Wb March (HO, And Since the vesgondents commenced the detion only on 4 Sept. YE, the Same. 1 avved oy geeseretion