Title
Supreme Court
Tan, Jr. vs. Hosana
Case
G.R. No. 190846
Decision Date
Feb 3, 2016
Jose contested the sale of marital property by Milagros, alleging forgery. Courts ruled the sale void, ordered reimbursement of P200,000 to buyer Tomas, and denied claims of P700,000 payment.

Case Summary (G.R. No. 190846)

Key Dates

• Marriage of Jose and Milagros: January 14, 1979
• Deed of Sale and SPA execution: January 13, 1998
• Filing of Annulment Complaint: October 19, 2001
• RTC Decision: December 27, 2006
• CA Decision: August 28, 2009
• CA Resolution denying reconsideration: November 17, 2009
• Supreme Court Decision: February 3, 2016

Applicable Law

  • 1987 Philippine Constitution
  • Civil Code (Articles 22, 1318, 1458)
  • Rules of Court, Rule 128 (Evidence)
  • Principle of unjust enrichment

Facts of the Case

During their marriage, Jose and Milagros acquired a house and lot in Tinago, Naga City, titled under TCT No. 21229. Milagros purportedly sold the property to Tomas for ₱200,000 via a deed of sale executed by her as attorney-in-fact under a SPA allegedly signed by Jose. Title was canceled and reissued to Tomas. Unaware of the transaction, Jose, working in Japan, later discovered the sale and filed for annulment, cancellation, reconveyance, and damages, alleging forgery of his signature on the SPA.

Trial Court Ruling

The Regional Trial Court declared the SPA and deed of sale void for lack of spousal consent on a conjugal property sale. It nullified the transaction, awarded Jose temperate damages of ₱20,000, and dismissed the nominal Register of Deeds. Tomas’s cross-claim against Milagros was unresolved due to her default.

Court of Appeals Decision

The Court of Appeals affirmed the nullity of the SPA and deed of sale but:

  1. Deleted the award of temperate damages.
  2. Ordered Jose and Milagros to reimburse Tomas ₱200,000 with interest on the principle of unjust enrichment, finding no credible proof of the alleged ₱700,000 payment.

Issues on Appeal

  1. Whether the deed of sale—being void—may be used to determine the amount of consideration paid.
  2. Whether Tomas’s uncorroborated testimony suffices to establish that he paid ₱700,000.

Supreme Court Ruling

  1. Factual Determinations. Questions of fact—such as whether Tomas paid ₱700,000—are beyond certiorari review. The Supreme Court defers to the CA’s finding, which deemed Tomas’s claim unsubstantiated by preponderance of evidence.
  2. Admissibility of a Void Document. A void contract lacks enforceability but remains admissible to establish what each party gave under it. Under Rule 128, relevance—not validity of a document—governs admissibility. The notarized deed of sale is a public document and prima facie proof of the ₱200,000 consideration.
  3. Unjust Enrichment. Article 22 of the Civil Code mandates restitution when one party retains benefits at another’s expense without legal ground. Since Tomas gave ₱200,000 under a void sale, unjust enrichment principles require Jose (through Milagros) to

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