Ireneo Odejar v. Isidro P. Guico

Summary

This case arose from Lt. Roberto Tamisin's WWII estate dispute. After his family falsely claimed he died single and received his estate, his widow's parents (Odejars) successfully sued for her conjugal share. Eighteen days after the adverse 1953 judgment, Rufino Tamisin sold property to related parties (Guicos) to avoid execution. The property was subsequently levied and sold to the Odejars. The Guicos filed suit in 1975 claiming ownership. The Court of Appeals favored the Guicos, treating the sale as merely rescissible. However, the Supreme Court reversed, finding the sale was absolutely simulated and fictitious under Civil Code Article 1409, as evidenced by the Tamisins' continued treatment of the property as their own for over 20 years and the Guicos' inexplicable inaction despite knowledge of the litigation. The sale was declared inexistent and void.