Title
Menil vs. Court of Appeals
Case
G.R. No. L-43668-69
Decision Date
Nov 21, 1978
A deed of sale executed within the 5-year prohibitory period is null and void, mandating reimbursement to the petitioners and the payment of an agricultural loan.
Font Size

Case Digest (G.R. No. L-43668-69)

Facts:

  • Potenciano Menil and Crispina Nayve are the petitioners in this case.
  • Respondents include Agueda Garan, Francisco Calanias, Miguel Nayve, Jr., and the Development Bank of the Philippines.
  • A deed of sale was executed by Agueda Garan to the petitioners on May 7, 1960.
  • The sale occurred within the five-year prohibitory period mandated by law, rendering it null and void.
  • The petitioners sought to recover the purchase price of P415.00 paid for the homestead in lower courts.
  • The lower court ruled in favor of the petitioners, prompting an appeal from the respondents.
  • The Court of Appeals denied the petitioners' first motion for reconsideration.
  • A second motion for reconsideration was filed and noted by the court.
  • The Supreme Court identified typographical errors and necessary modifications in its decision.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled that the deed of sale was null and void due to its execution within the five-year prohibitory period.
  • Agueda Garan was ordered to reimburse the petitioners the sum of P415.00, the price of the sale.
  • The petitioners were ordered to pay the agricultural loan ...(Unlock)

Ratio:

  • The Supreme Court's decision was based on the principle that any sale executed within the prohibitory period is null and void.
  • This principle protects the rights of homesteaders and prevents premature disposal of their property.
  • The Court mandated the return of the purchase price to the petitioners due to the invalidity ...continue reading

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.

© 2024 Jur.ph. All rights reserved.