REQUINTEL - PASCO v. CUENCA

UST Faculty of Civil Law Obligations and Contracts
1AA A.Y. 23-24 Dean Melencio Sta. Maria Jr.
MYRNA C. PASCO , petitioner, vs. ISABEL CUENCA, ROMEO M. petitioner to show the deed to the Social Security System (SSS) as
YTANG, JR., and ESTHER C. YTANG, respondents. collateral for the grant of the latter's loan application.
| G.R. No. 214319 | November 4, 2020 ➢ The RTC ruled that there was a valid sale between the Spouses
Case digest by: REQUINTEL, Shekinah Faith P. Baguispas and the petitioner.
➢ However, the CA reversed and set aside the RTC Decision. The CA
observed that after the execution of the deed of sale on July 1, 1986, until
DOCTRINE: the filing of the complaint with the RTC on September 9, 1999, the
Art. 1345 - “Article 1345 of the Civil Code provides that the "[s]imulation petitioner never attempted in any manner to assert her ownership over the
of a contract may either be absolute or relative. The former takes place property in question. Such failure is a clear badge of simulation that
when the parties do not intend to be bound at all; the latter, when the renders the whole transaction void.
parties conceal their true agreement." Hence, in absolute simulation the
contract is void, and the parties may recover from each other what they ISSUE: Whether or not the sale of Lot No. 38-B between the Spouses Baguispas
may have given under the contract.” and the petitioner is void for being absolutely simulated. (YES)
RULING:
FACTS
WHEREFORE, the petition is DENIED for lack of merit. The Decision dated
➢ The parcel of land in controversy is Lot No. 38-B, situated in the
August 27, 2014, of the Court of Appeals in CA-G.R. CV No. 02386-MIN is
Municipality of Katipunan, Province of Zamboanga del Norte with an
AFFIRMED.
area of 336 square meters, formerly registered in the names of Spouses
Antonio Baguispas (Antonio) and Isabel Cuenca-Baguispas (Isabel)
(collectively, Spouses Baguispas) under Transfer Certificate of Title RATIO:
(TCT) No. T-12461. ➔ The subject deed of sale executed by the Spouses Baguispas in favor of
➢ On September 9, 1999, Myrna Pasco (petitioner) filed with Regional the petitioner is absolutely simulated as it was executed only to make it
Trial Court (RTC), Dipolog City, a complaint for annulment of TCT appear that the latter owned Lot No. 38-B for purposes of securing a
against Isabel and Spouses Romeo M. Ytang, Jr. and Esther C. Ytang loan. The spouses, Baguispas, never really intended to sell the land to the
(Spouses Ytang) (collectively, respondents) docketed as Civil Case No. petitioner.
5437. ➔ Pursuant to Art. 1345, absolute simulation occurs when the parties do not
➢ Petitioner alleged that in June 1986, the Spouses Baguispas offered to really want the contract they have executed to produce the legal effects
sell Lot No. 38-B to her for P50,000.00, to which she agreed. Pursuant to expressed by its wording.
their agreement, the Spouses Baguispas executed a Deed of Sale of Real ➔ In determining the true nature of a contract, the primary test is the parties'
Property dated July 1, 1986, in her favor, which was duly notarized. intention. Based on these considerations, the Court finds no cogent
➢ Thus, in her complaint, petitioner prayed that TCT No. T-62536 be reason to overturn the CA's findings and conclusions. There is no
cancelled for being spurious, and the affidavit of self-adjudication and question that the Deed of Sale of Real Property, dated July 1, 1986, is
the DOAS dated May 8, 1998, executed by Isabel in favor of the Spouses void for being an absolutely simulated contract.
Ytang be declared null and void.
➢ In their answer, respondents alleged that the sale of Lot No. 38-B to -------------------------END OF CASE—--------------------
petitioner was fictitious and simulated as it was not supported by any
consideration. According to them, the Spouses Baguispas only executed
the Deed of Sale of Real Property dated July 1, 1986, in favor of the

REQUINTEL - PASCO v. CUENCA

Uploaded by

Copyright:

Available Formats

REQUINTEL - PASCO v. CUENCA

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

REQUINTEL - PASCO v. CUENCA

Uploaded by

Copyright:

Available Formats

UST Faculty of Civil Law Obligations and Contracts

1AA A.Y. 23-24 Dean Melencio Sta. Maria Jr.

You might also like