Title
Tanchuling vs. Cantela
Case
G.R. No. 209284
Decision Date
Nov 10, 2015
Deed of Absolute Sale declared null for absolute simulation; no consideration paid, undated reconveyance deed executed, and lack of possession proved sham transaction.

Case Digest (G.R. No. 209284)
Expanded Legal Reasoning Model

Facts:

  • Execution of Deed and Property Description
  • On March 17, 2005, spouses Dr. Vicente Y. Tanchuling and Renee B. Tanchuling executed a Deed of Absolute Sale in favor of respondent Sotero C. Cantela over two parcels (Lots 5 & 6, 192 sq m each) in Rawis, Legazpi City (TCT Nos. 41486 and 41487).
  • The Deed recited a consideration of ₱400,000.00, and Sps. Tanchuling delivered the owner’s copies of the TCTs; however, no physical possession of the properties was taken by Cantela, and no evidence of payment was presented.
  • Petitioners’ Complaint for Annulment
  • On August 6, 2007, Sps. Tanchuling and the heirs of Vicente filed a complaint for annulment of the Deed of Sale and delivery of the TCT duplicates with injunctive relief before the RTC, alleging absolute simulation due to (a) absence of actual consideration, (b) use of the Deed as public deterrent against illegal sellers, and (c) existence of a simultaneous undated Deed reconveying the properties back to the Tanchulings.
  • In response, Cantela filed an Answer with Compulsory Counterclaim on February 10, 2008, asserting the validity of the sale, claiming payment of ₱400,000.00, denying the authenticity of the undated Deed (alleging its surreptitious insertion), and referencing attempts to secure tax declarations and compute capital gains tax.
  • Decisions of Lower Courts
  • RTC Decision (March 23, 2010): Declared the Deed of Sale absolutely simulated and void, citing identical execution features with the undated reconveyance, prolonged delay (1 year, 7 months, 13 days) in title transfer, and absence of actual physical possession or intent to consummate the sale.
  • CA Decision (August 30, 2013): Reversed the RTC, finding sufficient proof of consideration (acknowledgment of ₱400,000.00), valid contemporaneous and subsequent acts by Cantela to assert dominion, and prioritizing the notarized Deed over the unnotarized undated instrument.

Issues:

  • Whether the Deed of Absolute Sale dated March 17, 2005 is absolutely simulated and, therefore, null and void.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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