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
Case Digest (G.R. No. L-43668-69)
Facts:
The case involves Potenciano Menil and his wife, Crispina Nayve, as petitioners against the Court of Appeals and several respondents, including Agueda Garan, Francisco Calanias, Miguel Nayve, Jr., and the Development Bank of the Philippines. The events leading to this case began with a deed of sale executed by Agueda Garan, a homesteader, to the petitioners on May 7, 1960. However, this transaction occurred within the five-year prohibitory period mandated by law, rendering the sale null and void. The case was initially brought before the lower courts, where the petitioners sought to recover the purchase price of P415.00 paid for the homestead. The lower court ruled in favor of the petitioners, leading to an appeal by the respondents. The Court of Appeals denied the petitioners' first motion for reconsideration, which was deemed to lack merit. Subsequently, the petitioners filed a second motion for reconsideration, which was noted by the court. The Supreme Court, upon reviewing the case, identified typographical errors and necessary modifications in the dispositive portion of its decision to align with the established facts and applicable law.
Issue:
- Was the deed of sa...