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Acabal V Acabal Digest

This document is a summary of a court case regarding a dispute over ownership of a parcel of land. It describes how Villaner Acabal's parents originally owned the land and transferred it to Villaner when he was married. Villaner later claimed he only leased the land to Leonardo Acabal, while Leonardo claimed Villaner sold it to him through a deed of absolute sale. The trial court found in favor of Leonardo, but an appeals court sided with Villaner. However, the Supreme Court ultimately ruled the deed of absolute sale was valid, as Villaner failed to provide sufficient evidence the transaction was a lease instead. The court also noted the land was not suitable for agriculture and

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682 views

Acabal V Acabal Digest

This document is a summary of a court case regarding a dispute over ownership of a parcel of land. It describes how Villaner Acabal's parents originally owned the land and transferred it to Villaner when he was married. Villaner later claimed he only leased the land to Leonardo Acabal, while Leonardo claimed Villaner sold it to him through a deed of absolute sale. The trial court found in favor of Leonardo, but an appeals court sided with Villaner. However, the Supreme Court ultimately ruled the deed of absolute sale was valid, as Villaner failed to provide sufficient evidence the transaction was a lease instead. The court also noted the land was not suitable for agriculture and

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Dhin Carag
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© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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[G.R. No. 148376.

March 31, 2005]


LEONARDO ACABAL and RAMON NICOLAS, vs. VILLANER ACABAL, EDUARDO ACABAL, SOLOMON ACABAL, GRACE
ACABAL, MELBA ACABAL, EVELYN ACABAL, ARMIN ACABAL, RAMIL ACABAL, and BYRON ACABAL
Villaners parents, Alejandro Acabal and Felicidad Balasabas, owned a parcel of land. [4] By a Deed of Absolute Sale, his parents
transferred ownership of the said land to him, who was then married to Justiniana Lipajan. After the foregoing transfer, it appears that
Villaner became a widower. He executed a deed conveying the same property [8] in favor of Leonardo.
Villaner was later to claim that while the document he executed now appears to be a Deed of Absolute Sale, what he signed was
a document captioned Lease Contract wherein he leased for 3 years the property to Leonardo.
Villaner filed a complaint against Leonardo and Ramon Nicolas to whom Leonardo in turn conveyed the property, for annulment
of the deeds of sale.
The trial court found for the petitioners Leonardo and Ramon Nicolas and accordingly dismissed the complaint.
Villaner et al. thereupon brought the case on appeal to the CA which reversed the trial court, it holding that the Deed of Absolute
Sale executed by Villaner in favor of Leonardo was simulated and fictitious. [28]
ISSUE: W/n the contract of Absolute Sale is valid
HELD: Yes
It was incumbent on respondent Villaner to prove that he was deceived into executing the Deed of Absolute Sale. Except for his
bare allegation that the transaction was one of lease, he failed to adduce evidence in support thereof. His conjecture that perhaps
those copies of the deed of sale under the documents which signed the contract of lease, [36] must fail, for facts not conjectures decide
cases.
As the above-quoted provisions of the Comprehensive Agrarian Reform Law show, only those private lands devoted to or
suitable for agriculture are covered by it.[58] As priorly related, Victor Ragay, who was appointed by the trial court to conduct an ocular
inspection of the property, observed in his report that only three (3) to four (4) hectares were planted with sugarcane while the rest of
the property was not suitable for planting as the soil was full of limestone. [59] He also remarked that the sugarcanes were only 3 feet in
height and very lean,[60] whereas sugarcanes usually grow to a height of 3 to 6 meters (about 8 to 20 feet) and have stems 2 to 5
centimeters (1-2 inches) thick.[61]
Even assuming that the disposition of the property by Villaner was contrary to law, he would still have no remedy under the law
as he and Leonardo were in pari delicto, hence, he is not entitled to afirmative relief one who seeks equity and justice must come to
court with clean hands.
The principle of pari delicto, however, is not absolute, admitting an exception under Article 1416 of the Civil Code.
ART. 1416. When the agreement is not illegal per se but is merely prohibited, and the prohibition by the law is designed for the
protection of the plaintiff, he may, if public policy is thereby enhanced, recover what he has paid or delivered.
Under this article, recovery for what has been paid or delivered pursuant to an inexistent contract is allowed only when the following
requisites are met: (1) the contract is not illegal per se but merely prohibited; (2) the prohibition is for the protection of the plaintiffs;
and (3) if public policy is enhanced thereby.[70] The exception is unavailing in the instant case, however, since the prohibition is clearly
not for the protection of the plaintiff-landowner but for the beneficiary farmers. [71]
Unfortunately for private respondents, however, the property was registered solely in the name of Gertrudes Isidro, widow. Where a
parcel of land, forming part of the undistributed properties of the dissolved conjugal partnership of gains, is sold by a widow to a
purchaser who merely relied on the face of the certificate of title thereto, issued solely in the name of the widow, the purchaser
acquires a valid title to the land even as against the heirs of the deceased spouse. The rationale for this rule is that a person dealing
with registered land is not required to go behind the register to determine the condition of the property. He is only charged with notice
of the burdens on the property which are noted on the face of the register or the certificate of title. To require him to do more is to
defeat one of the primary objects of the Torrens system.

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