Title
Supreme Court
Nool vs. Court of Appeals
Case
G.R. No. 116635
Decision Date
Jul 24, 1997
Plaintiffs claimed ownership of foreclosed lands, alleging a repurchase agreement with defendant Anacleto. Courts ruled the sale void due to lack of title, nullifying repurchase rights, and ordered restitution of P30,000 with rent payments.

Case Summary (G.R. No. 195163)

Facts and Procedural Posture

The two parcels, one hectare and 3.0880 hectares respectively, were mortgaged to DBP by Victorino and Francisco Nool. Plaintiffs obtained a loan secured by these lands; failure to pay led to foreclosure and titles transferring to DBP. Within the redemption period, defendants Anacleto Nool redeemed the properties from DBP and obtained new titles. An alleged agreement was made where defendants purchased the parcels from petitioner Conchita Nool for P100,000, with P30,000 paid and P14,000 balance due, accompanied by an understanding that plaintiffs could repurchase the land later. Plaintiffs filed suit to enforce their right to repurchase; lower courts dismissed the complaint and ordered plaintiffs to return the P30,000 plus interest and pay rent for the land.

Issues Presented

  1. Whether the private documents evidencing sale (Exhibit C) and repurchase (Exhibit D) constitute valid and enforceable contracts.
  2. Whether plaintiffs’ possession and use of the land entitle them to demand the return of the property or prevent defendants from denying the sale agreement under the doctrine of estoppel.
  3. Whether ordering the return of P30,000.00 with interest and payment of rent to defendants is proper.

Validity and Enforceability of the Contracts of Sale and Repurchase

The Court held that the contracts were void ab initio because the sellers (petitioners) had no ownership or right to convey title to the land at the time of sale. Under the 1987 Philippine Constitution and the Civil Code, one cannot sell what one does not own nor repurchase what was not validly sold. The land had already legally changed ownership to DBP following the foreclosure and redemption period had expired. Subsequent sale by petitioners to defendants was thus inoperative and falls within Article 1409(5) of the Civil Code concerning contracts contemplating impossible services.

Regarding the contract of repurchase, the Court clarified that it is inherently dependent on the validity of the original sale contract and hence also void. Should it be considered a separate unilateral promise to sell, it still fails for want of consideration distinct from the price, thereby rendering it unenforceable pursuant to Article 1479 of the Civil Code. Jurisprudence establishes that a right to repurchase must be reserved in the original sale contract, not granted post-sale by a separate agreement.

Acquisition of Title by Respondent Anacleto Nool

The respondents lawfully acquired the disputed properties from DBP following foreclosure and redemption expiration. The Court underscored that the repurchase right allegedly reserved by petitioners is extinguished by the lawful acquisition of title by Anacleto Nool from DBP. The statutory right under Section 119 of the Public Land Act allowing repurchase by heirs within five years is considered fulfilled as the property remained within the family through Anacleto’s purchase. The alleged trust relation between siblings was not proven, and the sale from DBP was not in trust but an ordinary sale.

Non-Applicability of Estoppel Against the Respondents

The Court rejected petitioners’ argument that respondents are estopped from denying the sale or repurchase agreements due to prior possession and cultivation by petitioners. A contract void from the beginning cannot be validated by estoppel or ratification. Furthermore, the respondents acted in good faith and promptly asserted the nullity of the invalid contracts. Article 1410 of the Civil Code allows the defense of inexistence of contract to be raised at any time.

Return of Payments and Payment of Rents

Since the contract of sale

...continue reading

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.