Case Digest (G.R. No. 178902)
Facts:
In Fuentes v. Roca, G.R. No. 178902, decided on April 21, 2010 under the 1987 Constitution, Manuel O. Fuentes and Leticia L. Fuentes (petitioners) purchased a 358–sqm titled lot in Canelar, Zamboanga City from Tarciano T. Roca, son of original owner Sabina Tarroza. Sabina had sold the lot to Tarciano in 1982, but the title remained in her name. In April 1988 the Fuentes spouses signed an agreement to sell, paid a ₱60,000 down payment, and required Tarciano to clear occupants, demolish structures, transfer the registered title into his name, and secure the spousal consent of his estranged wife, Rosario Gabriel Roca. Relying on Atty. Romulo D. Plagata’s representation, Rosario purportedly executed an affidavit of consent on September 15, 1988 in Paco, Manila, which was later notarized in Zamboanga City on January 11, 1989. On that date, Tarciano executed a deed of absolute sale, received ₱140,000, and the Register of Deeds issued a new title in the Fuentes spouses’ names. TarcianoCase Digest (G.R. No. 178902)
Facts:
- Original Ownership and Initial Sale
- In 1982, Sabina Tarroza sold a titled 358-sqm lot in Canelar, Zamboanga City, to her son, Tarciano T. Roca, by deed of absolute sale.
- Title remained in Tarroza’s name as Tarciano did not immediately effect transfer.
- Agreement to Sell to the Fuentes Spouses
- On April 29, 1988, Tarciano and petitioners Manuel and Leticia Fuentes executed an agreement to sell the lot, stipulating:
- P60,000 down payment;
- Six-month period for Tarciano to clear the lot and secure his estranged wife Rosario’s written consent.
- If conditions were met, the Fuentes spouses would pay P140,000–P160,000 and take possession; if not, they would acquire the lot free of further payment.
- Procurement of Spousal Consent and Transfer
- Atty. Romulo Plagata obtained an affidavit of consent from Rosario in Manila (allegedly signed September 15, 1988) and later notarized it in Zamboanga City on January 11, 1989.
- That same day, Tarciano executed a deed of absolute sale in favor of the Fuentes spouses, who paid the balance and secured a new title in their names. They immediately constructed a building on the lot.
- Post-Sale Events and Litigation
- Tarciano died January 28, 1990; Rosario died nine months later.
- In 1997, Tarciano and Rosario’s heirs (the Rocas and Pilar Malcampo) filed in RTC Zamboanga City Civil Case No. 4707 for annulment of sale and reconveyance, alleging Rosario’s signature had been forged and no valid spousal consent existed.
- The Fuentes spouses defended on prescription grounds and denied forgery, presenting Atty. Plagata’s testimony and their own handwriting expert.
- Lower Court Decisions
- RTC (2005): Dismissed the case for prescription under Article 1391 (4-year period) and held forgery unproven; ruled defective notarization did not void the sale.
- CA (2007): Reversed, finding clear variance in signatures and forged jurat; applied Civil Code Article 173 (10-year period for voidable sale), annulled the sale, awarded reimbursement and indemnity for improvements, but no damages.
Issues:
- Whether Rosario’s signature on the affidavit of consent was forged.
- Whether the Rocas’ action to annul the sale had prescribed.
- Whether only Rosario (and not her heirs) could maintain the annulment action for lack of spousal consent.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)