Fuentes Vs Roca

FUENTES vs.
ROCA
FACTS:
On, Oct 11, 1982, Tarciano Roca bought a 358-square meter lot in Zambales from his
mother. Six years later in 1988, Tarciano offered to sell the lot to the petitioners Fuentes
spouses through the help of Atty. Plagata who would prepare the documents and
requirements to complete the sale. In the agreement between Tarciano and Fuentes
spouses there will be a Php 60,000 down payment and Php 140,000 will be paid upon
the removal of Tarciano of certain structures on the land and after the consent of the
estranged wife of Tarciano, Rosario, would be attained. Atty. Plagata went to Manila to
get the signature of Rosario but notarized the document at Zamboanga . The deed of
sale was executed January 11, 1989.
As time passed, Tarciano and Rosario died while the Fuentes spouses and possession and
control over the lot. Eight years later in 1997, the children of Tarciano and Rosario filed
a case to annul the sale and reconvey the property on the ground that the sale was void
since the consent of Rosario was not attained and that Rosarios’ signature was a mere
forgery. The Fuentes spouses claim that the action has prescribed since an action to annul
a sale on the ground of fraud is 4 years from discovery. The RTC ruled in favor of the
Fuentes spouses. CA reversed this ruling stating that the action has not prescribed since
the applicable law is the 1950 Civil Code which provided that the sale of Conjugal Property
without the consent of the other spouse is voidable and the action must be brought within
10 years. Given that the transaction was in 1989 and the action was brought in 1997
hence it was well within the prescriptive period.
ISSUES:
1. Whether or not the action by the Rocas to declare the nullity of the sale
to the spouses has already prescribed;
2. Whether only Rosario, the wife whose consent was not had, could bring
the action to annul the sale.
HELD:
(*Side issue on the wife’s signature being forged, the SC ruled that Rosario’s signature
on the affidavit appears heavy, deliberate and forced. This according to the SC makes
the signatures of Rosario on the affidavit a forgery.)
1. Contrary to the ruling of the Court of Appeals, the law that applies to this
case is the Family Code, not the Civil Code. Although Tarciano and Rosario got married
in 1950, Tarciano sold the conjugal property to the Fuentes spouses on January 11,
1989, a few months after the Family Code took effect on August 3, 1988.
In contrast to Article 173 of the Civil Code, Article 124 of the Family Code does not
provide a period within which the wife who gave no consent may assail her
husband’s sale of the real property. It simply provides that without the other
spouses written consent or a court order allowing the sale, the same would be
void. Under the provisions of the Civil Code governing contracts, a void or
inexistent contract has no force and effect from the very beginning. And this rule
applies to contracts that are declared void by positive provision of law, as in the
case of a sale of conjugal property without the other spouses written consent. A
void contract is equivalent to nothing and is absolutely wanting in civil effects. It
cannot be validated either by ratification or prescription.
But, although a void contract has no legal effects even if no action is taken to set
it aside, when any of its terms have been performed, an action to declare its
inexistence is necessary to allow restitution of what has been given under it. This
action, according to Article 1410 of the Civil Code does not prescribe.
Here, the Rocas filed an action against the Fuentes spouses in 1997 for annulment
of sale and reconveyance of the real property that Tarciano sold without their
mothers (his wifes) written consent. The passage of time did not erode the right
to bring such an action.
2. The answer is no. As stated above, that sale was void from the beginning.
Consequently, the land remained the property of Tarciano and Rosario despite that
sale. When the two died, they passed on the ownership of the property to their heirs,
namely, the Rocas.[23] As lawful owners, the Rocas had the right, under Article 429
of the Civil Code, to exclude any person from its enjoyment and disposal.
In fairness to the Fuentes spouses, however, they should be entitled, among other
things, to recover from Tarcianos heirs, the Rocas, the P200,000.00 that they paid
him, with legal interest until fully paid, chargeable against his estate.

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