Petitioner
Andrea Dumasug
Respondent
Felix Modelo
Citation
G.R. No. 10462
Court
Supreme Court
Division
First Division
Ponente
Torres, J.
Decided
March 16, 1916

Summary

Andrea Dumasug sued Felix Modelo to nullify a document purporting to sell her two parcels of land and a carabao for P333.49. Dumasug claimed she was deceived into signing what she believed was merely an acknowledgment of P101 debt for litigation expenses. The Supreme Court affirmed the trial court's finding that Dumasug's consent was vitiated by fraud and mistake under Civil Code Articles 1265-1266. The Court found defendant's claim of P333.49 in expenses unreasonable for the simple litigation involved, noting the only substantial expense was attorney's fees of P80-90. The document was declared null and void, with defendant ordered to restore the properties, pay P120 for the carabao's value, and P75 for land rental. This case establishes important precedent on contract validity when consent is obtained through misrepresentation, particularly involving illiterate parties who sign by mark.

Statutes applied

By Intellegal Editorial Board · March 16, 1916

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