Title
Supreme Court
Buyayo Aliguyon vs. Jeffrey a.k.a. 'Napadawan' Dummang, Johnny a.k.a. 'Bidang' Dummang, Minda Dummang, and Donato Dummang
Case
G.R. No. 259469
Decision Date
Aug 30, 2023
Buyayo allowed Dummang et al. to occupy land; later, an oral sale was agreed upon to settle Robert's debt. Despite no written agreement, possession and improvements validated the sale. SC upheld CA's ruling, enforcing the sale despite Maria's lack of consent.

Case Summary (G.R. No. 259469)

Respondents’ Novation Defense and Possession

Respondents counterclaimed for reconveyance, alleging Robert borrowed 72 g gold in 1983 from Jeffrey. To settle this debt, petitioner allegedly offered the one-hectare parcel plus PHP 8,000; respondents paid consideration, took possession in 1986 with tribal elders’ supervision, and improved the land.

Procedural History

RTC Decision: Recognition of Sale and Dismissal of Recovery Suit

The Regional Trial Court dismissed petitioner’s recovery suit, holding that petitioner sold the one-hectare parcel to extinguish Robert’s debt plus cash, and that petitioner’s inaction for decades amounted to acquiescence. It ordered petitioner to execute a deed of sale.

CA Decision and Resolution: Novation, Statute of Frauds, and Conjugal Consent

The Court of Appeals affirmed. It found (1) a valid novation by substitution of debtor, extinguishing Robert’s loan; (2) the oral sale was partially executed (possession and improvements) and thus exempt from the Statute of Frauds; and (3) under Arts. 166 and 173 of the Civil Code, the sale of conjugal property without the wife’s consent is voidable but binding absent annulment within ten years. Maria did not challenge the sale. A motion for reconsideration was denied.

Issues Presented

Whether there was a valid novation;

Whether the oral sale is unenforceable under the Statute of Frauds;

Whether the sale is void for lack of spousal consent over conjugal property.

Supreme Court Ruling

Valid Novation by Substitution of Debtor

Under Art. 1291 et seq., novation requires creditor consent and clear modification of the obligation. Here, Jeffrey and petitioner agreed to substitute petitioner as debtor, change the object from gold return to land conveyance plus PHP 8,000. Subsequent acts—acceptance of payment and delivery of land—unequivocally established novation.

Partial Execution Exempts Statute of Frauds

Article 1403(2) mandates written form for land sales, but Article 1405 and jurisprudence hold that executed or partially executed contracts are exempt. Delivery of possession, improvements, and payment of consideration constituted partial execution, rendering the oral sale enforceable.

Sale Valid


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