Petitioner
Myrna C. Pasco
Respondent
Isabel Cuenca
Citation
G.R. No. 214319
Court
Supreme Court
Division
Third Division
Ponente
Inting, J.
Decided
November 4, 2020

Summary

This case involves a property dispute over Lot No. 38-B in Katipunan, Zamboanga del Norte. Myrna Pasco claimed ownership based on a 1986 deed of sale from Spouses Baguispas, but Isabel Cuenca (surviving spouse) later sold the property to Spouses Ytang in 1998. The RTC initially ruled for Pasco, but the Court of Appeals reversed, finding the 1986 deed absolutely simulated - executed merely to help Pasco secure an SSS loan, not as a genuine sale. The Supreme Court affirmed, noting that Pasco's attorney lacked authority to file the petition since Pasco died in 2011 before the CA decision. The Court confirmed the deed was void for simulation, as testimonial evidence showed no actual consideration was paid and the parties never intended a genuine sale. The case demonstrates the Civil Code's treatment of simulated contracts and the requirement of genuine consideration for valid property sales.

Statutes applied

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By Intellegal Editorial Board · November 4, 2020

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