91 Phil. 419
G.R. No. L-4340 is an action (case No. 70054 of the Court of First Instance of Manila) for annulment of sales of, and mortgage on, a lot and two houses erected thereon and damages brought by Rebecca Levin against Joaquin V. Bass, Emiliano R. Eustaquio, Co Chin Leng and Eugenio Mintu where the last named defendant is the appellant; G. R. No. L-4343 is the same case where Joaquin V. Bass is the appellant; G. R. No. L-4341 is an action (case No. 71549 of the same court) for detainer brought by Joaquin V. Bass against Jose C. Robles and Aminta T. de Robles, in which Rebecca Levin and Eugenio Mintu interrened, and where the last named intervenor is the appellant; G. R. No. L-4345 is the same case for detainer where Joaquin V. Baas is the appellant; G. R. No. L-4342 is an action (case No. 516 of the same court) for annulment of sale brought by Joaquin V. Bass against Eugenio Mintu where the latter is the appellant; G. R. No. L-4344 is an action (case No. 71159 of the same court) for detainer of a building located at No. 328 San Rafael street brought by Joaquin V. Bass against Rebecca Levin where the former is the appellant; and G. R. No. L-4346 is an action (case No. 2371 of the same court) for detainer brought by Joaquin V. Bass against Aminta T. de Robles where the fomer is the appellant. The two main cases (G.R. Nos. L-4340 and L-4342) around which the others revolve fall under the appellate jurisdiction of this Court.
After a joint hearing the trial court rendered judgment annulling Exhibit A dated 5 January 1944, where it appears that, for and in consideration of P30,000, Rebecca Levin sold and conveyed to Emiliano R. Eustaquio a lot containing an area of 317.70 square meters and the house erected thereon bearing No. 326 San Rafael street, Manila; Exhibit B dated 30 March 1944, where it appears that, for and in consideration of P38,000, Emiliano R. Eustaquio sold and conveyed to Joaquin V. Bass the same lot and house; and Exhibit C dated 16 February 1944, where it appears that, for and in consideration of P65,000, Rebecca Levin sold and conveyed t.o Joaquin V. Bass a lot containing an area of 1,006.80 square meters and the house erected thereon bearing No. 328 San Rafael street, Manila; directing the Registrar of Deeds of Manila to cancel transfer certificates of title Nos. 73450 and 73451 issued in the name of Joaquin V. Bass and in lieu thereof to issue new Torrens certificates of title in the name of Rebecca Levin, widow, of legal age, and resident of the city of Manila at No. 323 San Rafael street, said new certificates to bear a memorandum of mortgage in favor of Co Chin Leng, entry No. 16166, as said mortgage appears on both transfer certificates of title Nos. 73450 and 73451 to be cancelled, and the certificate of title to be issued in the name of Rebecca Levin, in lieu of transfer certificate of title No. 73450, to bear a memorandum of a notice of
lis pendens noted on said transfer certificate of title in connection with civil case No. 2562 of the Court of First Instance of Manila entitled "Isabelo Martinez vs. Joaquin V. Bass," entry No. 20955; holding that Rebecca Levin is entitled to recover from Joaquin V. Bass damages for losses which she may suffer by reason of said mortgage annotation and notice of
lis pendens; dismissing the complaint of Joaquin V. Baas in civil case No. 516, holding that the deed of sale under certain conditions executed by Joaquin V. Bass in favor of Eugenio Mintu is without force and effect as against Rebecca Levin, and ordering Joaquin V. Bass to pay Eugenio Mintu the sum of P4,173.l6, together with lawful interests thereon from 23 October 1946, the date of the filing of the answer in said civil case, until paid; dismissing the complaint of Joaquin V. Bass in civil cases Nos. 71159, 71549 and 2371 and declaring Rebecca Levin to be entitled to the payment of rentals by Jose C. Robles and/or Aminta T. de Robles for the use and occupation of the premises at No. 326 San Rafael street, Manila, from 11 March 1945 until the tenants move out of the premises and to receive from the clerk of court the sums of money deposited by Aminta T. de Robles and/or Jose C. Robles by way of rentals for the said property at No. 326 San Rafael street, still remaining in his possession, the said amounts to be applied to the rentals to be agreed upon by and between them or those which may be declared by final judgment to be the reasonable compensation for the use and occupation of the premises; and ordering Joaquin V. Bass to render an accounting of the sums of money he had received from the court, or otherwise, as rentals of the house at No. 326 San Rafael street from and after 11 March 1945, and to pay to Rebecca Levin the balance that may result from said accounting. Costs were taxed against Joaquin V. Bass.
In 1943 Rebecca Levin was a widow, 65 years old and the registered owner of a lot on which two houses stoodone bearing No. 326 and the other No. 323 San Rafael street, Manilaas evidenced by transfer certificate of title No. 62630. She was illiterate and knew only how to sign her name. At about the end of December 1943 Joaquin V. Bass called on Rebecca Levin at her house on No. 328 San Rafael street, Manila, and representing himself to be a real estate broker asked her whether she would sell her lot and house at No. 326 adjoining her residence. At that time there lived in the house of Rebecca Levin some Japanese civilians, officers or employees of the Pacific Mining Co., occupying or renting two rooms, Angelita Martinez, a boarder, and Meliton Villasenor, a houseboy. In addition to P50 collected by her as monthly rental for the house at No. 326, the Japanese renting the two rooms paid her P200 monthly and supplied her with rice and other foodstuffs without charge. Rebecca Levin told Joaquin V. Bass that she was not selling her house at No. 326 San Rafael street. On subsequent calls Joaquin V. Bass told Rebecca Levin that it would be to her advantage and benefit to sell the lot and house at No. 326 San Rafael street and with the proceeds of the sale to purchase another house. He told her that if she would not sell the lot and house the Japanese who had been looking for houses to occupy might deprive her thereof without getting anything in exchange therefor. He told her further that by selling her house, which she rented for P50 a month only, and buying for P26,000 one on Antonio Rivera street she would gain because the monthly rental of the latter was P140. She consented to see the house at Antonio Rivera street and went there accompanied by Joaquin V. Bass and Meliton Villasenor, her houseboy. Joaquin V. Bass pointed to a building (Exhibit G) of four apartments (