Legal Advice
Prescription cannot work against an heir deprived of his lawful share

Dear PAO,

My father married Tina five years after my mother's demise. Last year, I discovered that in 2006, my father and his son with Tina executed an extrajudicial settlement dividing the properties acquired during my father's marriage to my mother. I asked my father to give me my inheritance, warning him I would file a case to nullify the extrajudicial settlement. He claimed that I could no longer question the extrajudicial settlement since more than two years had already elapsed from the date of the document and the certificates of titles covering the properties were already transferred to them. Allegedly, my action is already barred by prescription. Is it true that I can no longer question the extra-judicial settlement since my right to file a case is already barred by prescription?