Case Digest (G.R. No. 46207)
Facts:
Victoriano Gatchalian v. Mamerto Manalo et al., G.R. No. 46207, October 10, 1939, the Supreme Court En Banc, Laurel, J., writing for the Court. Plaintiff-appellee Victoriano Gatchalian bought a house (No. 1125 Int. Kusang-loob, Manila) on October 24, 1935 from the spouses Juan Domingo and Ignacia Maigui. Earlier, in Civil Case No. 105911 instituted by Mamerto Manalo in the Municipal Court of Manila, judgment had been rendered on August 23, 1935 against Juan and Ignacia for unpaid rents (P175 plus interest and costs). On November 6, 1935 a writ of execution issued in that case; on November 21, 1935 the house was levied as the debtors’ only leviable property.After the purchase, Gatchalian inquired at City Hall and from the then owner of the land, Calixto Torres, paid real estate taxes and land rents, and expended about P400 in improvements. On December 11, 1935 Gatchalian filed a third-party claim in the execution proceedings, and on December 27, 1935 he brought the present action in the Court of First Instance of Manila seeking a judicial declaration of ownership and an injunction to restrain levy and sale. The Court of First Instance ruled for Gatchalian, declarin...(Pro-only)
Issues:
- Is the legal presumption of fraud arising under Article 1297 of the Civil Code conclusive, or may it be rebutted by evidence?
- Can the good faith of a third‑party purchaser defeat rescission or execution against property conveyed by a judgment debtor, thereby protecting th...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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