GR No. 21489 &21623 May 19, 1966
Facts:
Magpalo
and Quiba are farmers who are the registered owners of a residential
land. Magpalo decided to donate the eastern half of his land to
Maximo. However, Magpalo and Quiba were deceived into signing a deed
of absolute sale of the entire land. The document showed a
consideration of P500 but Magpalo contended that he was not able to
receive anything. Magpalo built a fence to segregate the donated
land. Maximo registered the deed of sale in his favor and was able to
obtain a TCT. Maximo then sold the entire land to Narciso. Narciso
took possession of the eastern part of the land.Issue:
Whether or not the contract is voidable
Ruling:
No, the contract is not voidable but void. The contract of purchase and sale is null and void and produces no effect whatsoever where the same is without cause or consideration in that purchase price which appears thereon as paid, has in fact never been paid by the purchaser or the vendor.
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