Title
Supreme Court
Clemente vs. Court of Appeals
Case
G.R. No. 175483
Decision Date
Oct 14, 2015
Adela simulated property transfers to grandsons, later sold to granddaughter Valentina. Courts ruled sales void due to simulation, lack of consideration, and no intent to transfer ownership.

Case Summary (G.R. No. 175483)

Petitioner

Valentina S. Clemente, beneficiary under a special power of attorney, alleged purchaser of Lots 32, 34 and 35-B by deeds of absolute sale dated April 25, 1989.

Respondents

Court of Appeals (Eighth Division) and private respondents Annie S. Jalandoon et al., heirs of Adela de Guzman Shotwell who filed for reconveyance and nullification of the deeds of sale.

Key Dates

– 1985 & 1987: Simulated transfers of Lots 32 and 34 to Carlos Jr. and Dennis, with reconveyance executed April 18, 1989
– April 25, 1989: Deeds of absolute sale of Lots 32, 34 (P250,000) and Lot 35-B (P60,000) to petitioner; special power of attorney granted to petitioner
– September 25, 1989 & October 5, 1990: Registration of petitioner’s titles
– January 14, 1990: Death of Adela de Guzman Shotwell
– July 9, 1990: Complaint filed for reconveyance and nullification (RTC Civil Case Q-90-6035)
– February 26, 2001: RTC Decision nullifying deeds and ordering reconveyance
– August 23, 2005 & November 15, 2006: CA Decision and Resolution affirming nullity for simulation and lack of consideration
– October 14, 2015: Supreme Court Decision denying Rule 45 petition

Applicable Law

– 1987 Philippine Constitution (post-1990 decisions)
– Revised Rules of Court, Rule 45 (certiorari; questions of law only)
– Civil Code: Article 1318 (requisites of contract), Article 1345 (simulation), Article 1471 (simulated price), Article 1453 (resulting trust); Articles on sale formation and consent

Factual Background

Adela owned three contiguous Diliman lots and allowed her children and grandchildren to use them. She previously executed simulated transfers of Lots 32 and 34 to two grandsons (Carlos Jr., Dennis) who reconveyed on demand. On April 25, 1989, Adela purportedly sold all three lots to petitioner for P310,000, simultaneously granting her a broad special power of attorney. Petitioner left with Adela for the United States and, upon return, registered the titles. After Adela’s death, her heirs discovered the deeds and filed for nullity and reconveyance.

Procedural History

The RTC declared the deeds of sale null and void for simulation and lack of consideration, ordered cancellation of titles, and directed petitioner to reconvey. The CA affirmed on the grounds of absolute simulation and absence of consideration, deleting the implied-trust finding. Petitioner filed a Rule 45 petition raising essentially factual issues.

Issue

Whether the deeds of absolute sale dated April 25, 1989 are simulated and unsupported by consideration, rendering them void and inexistent.

Supreme Court Ruling

The petition is denied for lack of a legal question under Rule 45. On the merits (examined for completeness), the deeds are held to be absolutely simulated and without consideration, hence void ab initio; no implied trust arises from an inexistent transfer.

Reasoning – Simulation

– A valid contract requires consent, object, and cause (Art. 1318). Absolute simulation means no intent to be bound.
– Contemporaneous and subsequent acts (letters, petitioner’s obedience to Adela’s orders, retention of control by Adela, the SPA’s administrative powers) demonstrate absence of mutual int


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