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Suntay v. CA
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G.R. No. 114950, 19 December 1995
Articles FACTS:
owner of a parcel of land and a rice mill. He applied as a miller
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contractor of NARIC. His application was denied because he was tied
thought of letting his nephewlayer, herein petitioner, to make the
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application for him. Rafael prepared the deed of sale, wherein
Biagtan v. Insular Federico sold the parcel of land and the rice mill to Rafael. Three
Life Assurance months later, the second deed of sale was made, wherein Rafael sold
Co., Ltd. back the properties in question to Federico for a consideration of
P20,000. A Certificate of Title in the name of Federico was canceled
Calanoc v. Court and a new was one was issued in the name of Rafael. In spite of this,
of Appeals Federico was remained in possession of the property and continued
to exercise rights of absolute ownership over the property. Rafael,
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meanwhile, did not make any attempt to take possession thereof at
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any time. Federico requested Rafael to deliver his copy of the TCT so
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that Federico could have the counterdeed of sale in his favor
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registered in his name. Rafael declined and furthered contended that
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the second deed of sale was a counterfeit. Federico filed a complaint
Copyright © 2017 2019 IBP Zamboanga del Norte Chapter. All rights
about reconveyance assailing the validity of the first deed of sale,
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interjecting that he has been in continuous possession of the
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properties in question. While the trial court favored the petitioner, the
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CA reversed the decision of the trial court by stating that the first
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deed of sale is absolutely simulated and fictitious.
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ISSUE:
China Banking v.
WON the first Deed of Sale is simulated and therefore invalid.
CA
RULING:
Recent Comments Yes. It can be adduced by the facts that the first deed of sale
stipulating a transfer of property from Federico to Rafael is absolutely
Marjorie simulated and fictitious. Rafael and Federico were relatives, whose
Mejorada blood relation was the foundation of their professional and business
Cuenco on 13 relationship. Rafael admits that he came into possession thereof in
ZN law grad the course of rendering legal services to his uncle. Their close
pass 2017 Bar relationship, as considered by the CA, is a badge of simulation.
Exam Rafael further attempted to claim that the transfer was consideration
for his attorney’s fees. The most protuberant index of simulation is
Prescription on
the complete absence of an attempt in any manner on the part of the
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late Rafael to assert his rights of ownership over the land and rice mill
community
in question. After the sale, he should have entered the land and
outreach in Jose
occupied the premises thereof. He did not even attempt to. If he
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stood as owner, he would have collected rentals from Federico for the
use and occupation of the land and its improvements. All that the late
Ronald on
Rafael had was a title in his name.
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* Case digest by Suzeyne Garcia, LLB1, Andres Bonifacio Law
Guidelines for
School, SY 20172018
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