Академический Документы
Профессиональный Документы
Культура Документы
Formaran v Ong
-Dr. Lorna Formaran owns a parcel of land donated by his uncle and aunt
-Formaran made it appear that she sold ½ of the land to defendant Glenda Ong (Ong
needs collateral for loan to finance her clinic)
-Ong, instead of returning the land to Formaran, filed a case for unlawful detainer
against the latter
-Formaran contends that the sale is fictitious and absolutely simulated for lack of
consideration
-Ong contends that she is the qoner by virtue of the deed of sale. Sale was registered.
-Formaran filed a case for annulment of the deed of sale
RTC: Deed of sale is null and void for being absolutely simulated and for lack of consideration
CA: Reversed RTC
ISSUE: W/N the deed of sale is between Formaran and Ong is valid?
SC: No. Deed of sale is absolutely simulated for lack of consideration. From the time of alleged
sale, Formaran remained in possession of the property. Allegedly sale was registered 24 yrs
after execution. Glenda Ong never asserted ownership nor introduced improvements.
Petitioner’s house stood on the land.
Petitioner: Grandchildren of Pedro Sr. from his children Bruno and Santiago
Respondents: Great grandchildren of Pedro Sr.; grandchildren of Pedro Jr.
De Leon v De Llana
-Respondent De Lllana owns a parcel of land located at Compostela Valley which was
leased for De Leon for a period of 5 years to be used as a lottery outlet
-Gilbert De Llana contends that De Leon failed to pay rental in arrear despite repeated
demands and refused to vacate the property thus an ejectment suit was filed
-De Leon contends that contract of lease is simulated hence not binding on the parties
MCTC: dismissed ejectment suit. Contract of lease not binding as it was simulated. There was
no effort on the part of De Llana to collect rentals for at least 6 yrs. contract was a mere
formality to comply with PCSO requirement
RTC: Reversed McTC. Venue was improper
CA: Reversed RTC.
ISSUE: W/N the contract of lease was valid?
SC: No. Contract of lease is void as it is an absolutely simulated contract. No substance, parties
did not intend to be bound by the contract. De Llana did not exert effort to collect rentals
despite nonpayment for more or less 6yrs. Failure of other party to demand performance for a
considerable length of time renders contract in effective
Clemente v CA
-Adela Clemente owned 3 parcel of lands and during her lifetime she allowed her
children and grandchildren to use such
-Adela simulated transfer of lots to her two grandsons Arlos and Dennis Shotwell
-Adela sold one of the land to petitioner Valentina Clemente for 250k
-Adela and Petitioner Valentina Clemente left for US. Clemente went back to PH and
registered the sale. Adela died in the US
-Clemente sought to eject Annie and Carlos Sr. (Adela’s children)
-Annie representing her siblings filed for re-conveyance of property alleging that the
sale was only intended to help petitioner to travel to the US to make it appear that she has
properties. No consideration was given for the sale
RTC: Deed of sale null and void
CA: Affirmed RTC. Deed of sale were simulated. Made w/o consideration. Adela maintained
dominion over the property. Clemente did not exercise ownership
ISSUE: W/N the deed of sale between clemente and Adela is valid?
SC: No. Null and void for lack of consent and consideration. Adela exercised dominion over the
properties. Contract was simulated.
Castillo v Galvan
-Petitioners filed a complaint of annulment of deed of absolute sale executed by Paulino
Galvan in favor of defendants Josefa Galvan and Natividad Galvan (daughters from 1st
marriage).
-plantiff aaserted that Paulino Glavan was the owner of ½ undivided share over two
parcels of land the other half owned by respondents
-Paulino died and out of delicadeza plaintiffs waited for defendants to initiate the
settlement of estate but because of inaction they started to go over the papers concerning the
properties
-Petitioners found a deed of sale whereby Paulino and Maria purportedly sold ½ of the property
to defendants
-Maria remembered signing a document upon fraudulent representation of Josefa Galvan that
said document was for the purpose of acquiring a separate tax declarations sps not knowing
that it was a deed of sale (500 pesos)
RTC: dismissed complaint. Action has prescribed. Fraud=4yrs
ISSUE: W/N the action has prescribed?
SC: No. Plaintiffs allegation is to declare the deed of sale null and void and inexistent upon the
grounds of fraud and that there was no consideration. Such action is imprescriptible. RTC
judgement reversed.
Eugenio v Perdido
-Teodoro Eugion owns a parcel of land by virtue of a homestead patent. Eugenio sold
the land to defendant Perdido for 1,300 pesos.
-Petitioners Juan and Basilia Eugenio (children of Teodoro) filed an action to recover
land, contract was a mortgage not sale
CFI: Contract was a sale. Null and void bec. executed w/n 5yr prohibitory period
CA: reversed CFI. Plaintiffs had no personality to attack the sale
ISSUE: W/N the action to annul the sale has prescribed?
SC: No. The sale was null and void from the beginning. Annulling void contracts does not
prescribe.
Rodriguez v Rodriguez
Go Chioco v Martinez
-Go Chioco lent respondents Martinez, Ortiga, and Chan 40,000 and a promissory note
was issued to return money w/n 3mos
-Respondents failed to pay, executed another PN and paid interst of 1.8K
-Respondents continued to fail to pay and instead just issue PNs and check payment of
1.8K as interest (lasted for 2yrs). By this time, respondents already paid a total of 25K
-Go Chioco wanted to collect the balance of 15K with interest. Respondents refused to
pay alleging the 18% as usurious interest
RTC: interest is null and usurious, Go Chioco not entitled to collect principal
ISSUE: W/N Go Chioco can collect principal?
SC: Yes. Only the usurious interest is confiscated. Lender had right to recover principal.
Vasquez v Porta
-Dolores Vasquez had obtained a judgement against her husband for a maintenance of
500 a month.
-Dr Arroyo, repeatedly tried to evade the judgement by simulating sales of his
properties
-Dr arroyo mortgage land to Jaime Porta fictitiously. Foreclosure of mortgage was
instituted by Porta 3 mos after said mortgage but mortgage is for 5 yrs
ISSUE: W/N the deed of mortgage was valid?
SC: No. mortgage was fictitious, simulated and w/o consideration. Foreclosure proceedings
were a result of collusion between dr. arroyo and porta. Lands continued in possession of Dr.
Arroyo
Briones v Camayo