Case Digest (G.R. No. 214319)
Facts:
In Myrna C. Pasco v. Isabel Cuenca, Romeo M. Ytang, Jr., and Esther C. Ytang (G.R. No. 214319, November 04, 2020), petitioner Myrna C. Pasco filed on September 9, 1999 before RTC Branch 6 in Dipolog City Civil Case No. 5437 a complaint for annulment of Transfer Certificate of Title (TCT) No. T-62536, annulment of deed of sale, recovery of ownership, and damages against respondents Isabel Cuenca (widow of Antonio Baguispas), Spouses Romeo M. Ytang, Jr., and Esther C. Ytang. The subject property was Lot No. 38-B, Katipunan, Zamboanga del Norte, originally covered by TCT No. T-12461 in the names of Spouses Antonio and Isabel Baguispas. Petitioner alleged that in July 1986 the Baguispases executed in her favor a notarized Deed of Sale for P50,000, that Antonio died in 1987 leaving only Isabel as heir, and that in June 1988 Isabel executed a self-adjudication affidavit to reconvey the property to herself. Without petitioner’s knowledge, Isabel then sold the lot to the Ytangs by a DeeCase Digest (G.R. No. 214319)
Facts:
- Parties and Property
- Lot No. 38-B, Katipunan, Zamboanga del Norte (336 sqm), formerly under TCT No. T-12461 in the names of Spouses Antonio Baguispas and Isabel Cuenca-Baguispas.
- Petitioner: Myrna C. Pasco. Respondents: Isabel Cuenca, Romeo M. Ytang, Jr., and Esther C. Ytang.
- Procedural History and Allegations
- June 1986–May 1998 transaction chain:
- Spouses Baguispas allegedly sold Lot 38-B to petitioner for ₱50,000 by Deed of Sale dated July 1, 1986.
- Antonio died March 3, 1987; Isabel executed affidavit of self-adjudication June 8, 1988; Isabel then transferred title to herself and sold the property to Spouses Ytang via Deed of Absolute Sale dated May 8, 1998, registered as TCT No. T-62536.
- RTC and CA proceedings:
- September 9, 1999: Civil Case No. 5437 filed by petitioner for annulment of TCT 62536, annulment of May 8, 1998 deed, recovery of ownership, and damages. Respondents denied the sale, alleging it was simulated collateral for an SSS loan.
- RTC Branch 6, Dipolog City (May 31, 2010): Found for petitioner, declared TCT 62536 and the May 8, 1998 deed null and void, reinstated TCT 12461 in favor of Spouses Baguispas, and declared petitioner lawful owner.
- CA Third Division (August 27, 2014): Reversed RTC, held the July 1, 1986 Deed of Sale void ab initio for lack of consideration and absolute simulation under Art. 1471, and validated the subsequent sale to Spouses Ytang.
Issues:
- Counsel’s Authority
- Whether Atty. Senen O. Angeles had valid authority to file the Rule 45 petition and sign the verification/certification given petitioner’s death.
- Merits of the Sale
- Whether the Court of Appeals erred in ruling that the July 1, 1986 Deed of Sale is null and void for lack of consideration and absence of intent to be bound.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)