The contention of __ is not correct.

Article 1144 of the New Civil Code provides for the period of prescription of an action upon a written
contract, which is 10 years reckoned from the time the right of action accrues. This is not applicable in
this case because this involves express trust, and under the law, an action to file against an express trust
is imprescriptible.

In this case, the parties clearly intended to create a trust over the property hence there is an express
trust. As a rule, express trust is imprescriptible unless there is a valid act of repudiation as provided by
law. XXX only repudiated the trust when she refused to honor the compromise agreement in the year
XXX. On the other hand, XXX file an action for reconveyance in the year XXX. Thus, it is still within the
prescriptive period.

Moreover, as to the contention that the principle of laches is applicable, that is incorrect. It is relevant
only when no law or statute is applicable as it is based on equity. As a matter of fact, XXX did not slept
on their right. The filed the action for reconveyance within the period allowed by law.

Yes, XXX is entitled to commissions from the sale of property as a broker.

Under the law, a broker is a person who bring together the buyer and the seller for trade, and he earns a
commission merely by bringing them together even if no sale is consummated. Unlike that of an agent
which only receives commission if there is a successful conclusion of a sale.