FIRST DIVISION
G.R. No. 219074, July 28, 2020
SPOUSES TEODORICO M. VIOVICENTE AND DOMINGA L. VIOVICENTE, PETITIONERS, V. SPOUSES DANILO L. VIOVICENTE AND ALICE H. VIOVICENTE, THE REGISTER OF DEEDS OF CALAMBA, LAGUNA, RESPONDENTS.
D E C I S I O N
LAZARO-JAVIER, J.:
WHEREFORE, judgment is hereby rendered in favor of plaintiffs and against defendants hereby directing defendants to reconvey to plaintiffs the property originally covered by Transfer Certificate of Title T-356656; declaring the Deed of Absolute Sale dated June 24, 1993 as null and void; and directing the Register of Deeds of Calamba, Laguna to cancel Transfer Certificate of Title T-356656 issued in the name of defendant Danilo L. Viovicente and to issue a new Transfer Certificate of Title in the name of plaintiff Teodorico M. Viovicente, married to Dominga L. Viovicente.
SO ORDERED.15cralawlawlibrary
First. Are petitioners' causes of action barred by prescription?
Second. Was there a valid conveyance of subject property in favor of respondents?
12. There was no consideration for the alleged sale of the PROPERTY from plaintiffs to DANILO. There was never any agreement for the price of an alleged sale. In the Deed of Absolute Sale that DANILO coerced plaintiffs to sign, it says there that plaintiffs sold the PROPERTY to DANILO for P111,180.00 which plaintiffs allegedly received to their entire satisfaction. This is absolutely untrue. This is an insult to plaintiffs whom DANILO, by this absolutely simulated contract, are treating plaintiffs like useless people with very little intelligence. What hurts plaintiffs more is that DANILO has floated the idea that plaintiffs were constant beggars to hint in the past.24xxx xxx xxx
16. Thus, judgment should be rendered declaring the alleged sale of the PROPERTY to DANILO void for absence of consideration, ordering the defendant REGISTER OF CALAMBA, LAGUNA, to cancel Transfer Certificate of Title No. T-356656 issued in the name of defendant DANILO and to issue a new transfer certificate of title on the PROPERTY in the name of plaintiff TEODORICO M. VIOVICENTE married to DOMING[A] L. VIOVICENTE.PRAYER
WHEREFORE, it is respectfully prayed that judgment be rendered declaring the alleged sale of the PROPERTY to DANILO void for absence of consideration, ordering the defendant REGISTER OF CALAMBA, LAGUNA, to cancel Transfer Certificate of Title No. T-356656 issued in the name of defendant DANILO and to issue a new transfer certificate of title on the PROPERTY in the name in the name of plaintiff TEODORICO M. VIOVICENTE married to DOMING [A] L. VIOVICENTE.
Other reliefs just and equitable under the premises are likewise prayed for.25cralawlawlibrary
Section 5. Amendment to conform to or authorize presentation of evidence. — When issues not raised by the pleadings are tried with the express or implied consent of the parties they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to amend does not effect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made. (emphases added)
Article 1410. The action or defense for the declaration of the inexistence of a contract does not prescribe.26cralawlawlibrary
When an action for reconveyance is based on fraud, it must be filed within four (4) years from discovery of the fraud, and such discovery is deemed to have taken place from the issuance of the original certificate of title.
CROSS EXAMINATION
BY ATTY. VIOVICENTE Q Mr. Witness, you earlier testified that your basis for conducting the handwriting examination was an order from this Honorable Court? A Yes, sir. Q And as a matter of fact that order from this Court included not only an examination of the questioned signature but also an examination of some entries in the questioned document that were erased by snopake? A Yes, sir. Q Mr. Witness, for purposes of identification, can you show to us again that questioned document that you examined? A Yes, sir. Atty. Viovicente This document that the witness presented to us is entitled Deed of Absolute Sale consisting of three pages, dated December 14, 1995, previously your Honor, we have marked this as our Exhibit F and series. Atty. Viovicente (continuing): Q Mr. Witness, did you also, aside from the handwriting analysis which was ordered by the Court, did you also comply with the order stated in that same document to examine the entries that were erased by snopake? A Yes, sir. Q Mr. Witness, isn't it a fact that particularly the entries that you were supposed to examine are the following: one, the figure "5" appearing on p. 2 on the year 1995, the figure "5" on the year 1995 appearing on the acknowledgment? A Yes, sir. Q And the figure "5" at the bottom of the acknowledgement, in the year 1995? A Yes, sir. Atty. Viovicente For purposes of identification, may I be allowed to mark these portions as our exhibits. We move that the first figure appearing on the document be marked as Exhibit F-3, the figure 5 on December 1995 appearing on p. 2, as our Exhibit F-4, the figure "5" on the year 1995 appearing on p. 3 which is part of the acknowledgement, as our Exhibit F-5 the figure "5" on the year 1995 at the bottom of the acknowledgement which is part of the phrase "series of 1995." Court Mark it (court interpreter marking said doc.) Atty. Viovicente (continuing): Q Mr. Witness, according to the Order you were supposed to determine, considering that these entries were snopaked, you were supposed to determine the original entries of these snopaked figures, did you do that? A Yes, sir. Q Can you tell us what is the original entry of the figure "5" appearing on Exhibit F-3, can you tell us the original entry? A It is deciphered as "3", sir. Q How about the original entry for the figure "5" marked as Exhibit F-4? A It is a figure "3", sir. Q How about the original entry for the figure "5" on Exhibit F-5? A Figure 3, sir. Q Can you tell us how you were able to arrive at these findings? A By using a series of lighting process and we photographed these portions which contain snopake, and it revealed the figure "3", sir.29 xxx xxx xxx Q Mr. Witness, on the basis of your findings on the one hand, the handwriting analysis, conclusion on the other hand, the original entry 1993 instead of 1995, what now is your conclusion, can you arrive at a conclusion as to when the signatures were actually written? A Based on the result of the examination as to the figure "5", it was deciphered as figure "3", so the document was probably signed in 1993, sir.30
25. This can be explained more succinctly by Phio, the brother of Defendant Danny, who actually processed the transfer. After Annex "C" of the Complaint was voluntarily signed by the Plaintiffs, Defendant Danny, who knew nothing about legal documentation and processes, gave said deed to his brother Phio for the eventual transfer of the title, together with the funds for the expenses, consisting mainly of taxes and fees to be paid the government.
26. However, since Phio was not able to process the transfer within the reglementary period, and processing it thereafter would mean paying surcharges and penalties on the taxes, Phio printed an identical deed, except the date, caused this second deed to be signed by Plaintiffs, had it notarized, and eventually processed the transfer.32cralawlawlibrary
CONTINUATION OF DIRECT
EXAMINATION BY
ATTY. VIOVICENTE Q Mr. Witness, during the last hearing, you testified that you first learned about the transfer of the property from your name to the name of Danilo in the year 2002? A Yes, sir. Q What was the document used as basis, if you know, by the Register of Deeds to transfer the title over the property from your name to the name of defendant Danilo? A Deed of Sale, deed of absolute sale, sir. Q Can you recall the year or date when that deed of absolute sale was supposedly executed? A December 14, 1995, sir.33 xxx xxx xxx Q Did you execute this document? A No, sir, I only signed once when I was forced and intimidated to sign.34 xxx xxx xxx Q Going back to the deed of sale which was supposedly executed on December 14, 1995, and on the portion of the acknowledgement by the notary public, it says here "before me a notary public for and in Manila on the 14th day of December, 1995, personally appeared Teodorico Viovicente", do you confirm that? A No, sir. Q Where were you on December 14, 1995? A On December 14, 1995 I was in Tacloban working at the GSIS being an employee thereat, sir. Q Do you have a certification to prove that? A Yes, sir. Q If that certification is shown to you, can you identify it? A Yes, sir. Q I am showing to you a certification dated August 15, 2003, previously marked as Exhibit I for the plaintiffs, appearing on the letterhead of the Republic of the Philippines, Government Service Insurance System, Tacloban City Branch, are you referring to this certification? A Yes, sir. Q Your Honor, may I read into the records a portion of this certification which states: "This is to certify that as per records, Mr. Teodorico Viovicente, a retired employee of this branch office was present on December 14, 1995." Going back to Exhibit H which was previously identified by the witness, may I request that the portion on the upper right corner which shows that stamp receipt April 25, 1995 be bracketed and submarked as Exhibit H-2. Court Mark it.35
Art. 1458. By the contract of sale one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. (Emphasis supplied)
Q Mr. Witness, how was this property transferred to Danilo? A It was transferred to him on the basis of the document which I signed, sir. Q When did you sign that document? A On June 24, 1993, sir. Q Can you tell us the circumstances as to how you signed this document? A On June 24, 1993, Danilo went to Tacloban, and right then and there, upon his arrival in our house, he asked us to sign the document by saying "Here is the document, sign it." Q What was the tone of his voice when he told you to sign the document? A His voice was in a forceful and intimidating manner, sir. Q Who were present at that time? A My wife, I and our youngest son, Teodorico, Jr., sir. Q What did you tell him after he told you to sign that document? A I said "I will not sign this because this will be used by your siblings when they study in Manila." Q When you said that, what was his reaction? A He was very angry, he ran approaching me, raising the briefcase he was carrying, and threw it at me, but fortunately I was not hit by the briefcase, sir. Q When you said the brief case was thrown to you, towards what direction or part of your body was it thrown? A To my head, sir. Q How did you feel at that point? A I was afraid, I seemed to have a mental black out, sir. Q And then what did Danilo do after that? A He shouted at my face point blank . . . (witness answering in the vernacular) Q May I ask your Honor that the answer of the witness be quoted in the vernacular? A He said "nganong dili ka man mo pirma, ako man kaha nang ba'ay sa Pacita." Q Will you give us the English translation of that statement? A "Why will you not sign the document when the house is mine." Q Then, what did you do? A Fearing for his body language indicating intimidating action against me, I acceded to the signing of the document, sir. Q How old were you then? A I was 58 years old. Q And your wife? A She was 57, sir. Q And Danilo? A 34 years old, sir.40 xxx xxx xxx Q How much, if any, was paid by Danilo to you for the sale of this property? A I did not receive any amount, sir.41 (Emphasis supplied)
Q There is a signature on top of the name Dominga L. Viovicente, whose signature is that? A This is my signature, Sir. Q And there is a signature on top of the name of Teodorico M. Viovicente, whose signature is that? A This is the signature of my husband, Sir. Q Still, on this document, who asked you, if any, to sign that document? A Danilo is the one who forced us to sign this document, Sir. Q Where did this happen? A In Tacloban City, Sir. Q What exactly did he tell you when he asked you to sign this document? A He said, pirma, pirma, unsa dili mo magpirma? ATTY. VIOVICENTE Your Honor please, I move that the vernacular be quoted, your Honor. Your Honor, may I be allowed to make a translation? The translation to that your Honor, you sign, you sign, if you will not sign. . . I manifest your Honor that the witness has reenacted the tone of the voice of Danilo, Your Honor. The witness is now crying, your Honor. Q How far was he Madam Witness from you when he said this pirma, pirma?ATTY. VIOVICENTE Your Honor, the witness is illustrating that Danilo was an arms length from her, your Honor. Q What was the tone of the voice of Danilo? A Loud voice, he was angry with us, Sir. Q You said loud voice? A Yes, Sir. Q To whom was he directing this loud voice and his anger when he said pirma, pirma? A To me and my husband, Sir. Q Where was your husband then? A Beside me, Sir.42 xxx xxx xxx Q What agreement, if any, did you have with Danilo with respect to any sale of this property to him? A Nothing, Sir. Q On this document page 2, there is a statement to the effect that for and in consideration of the premises more specifically of the sum of P111,180.00 Philippine currency, the receipt hereof is hereby acknowledge[d] from the vendee to the entire satisfaction of the vendor[,] the said vendor does hereby sell, transfer and convey in a manner absolute and irrevocable in favor of the vendee, his heirs and assigns[,] the land above-described, together with the house and improvements existing thereon, how much, if any, did you receive from Danilo with respect to an alleged sale of this property to him? A Nothing, Sir.43 (Emphasis supplied)
On its face, the Deed of Absolute Sale purports to be supported by a consideration in the form of a price certain in money. However, based on the evidence presented by plaintiffs, they were merely forced by Danilo Viovicente to sign the Deed of Absolute Sale and that they did not receive any consideration in the amount of P111,180.00 from Danilo Viovicente. There was indisputably a total absence of consideration contrary to what is stated in the Deed of Absolute Sale. Where, as in this case, the deed of absolute sale states that the purchase price has been paid but in fact has never been paid, the deed of sale is null and void ab initio for lack of consideration.44cralawlawlibrary
Endnotes:
1 Penned by Associate Justice Eduardo B. Peralta, Jr. and concurred in by Associate Justices Magdangal M. De Leon and Stephen C. Cruz, all members of the Tenth Division, rollo, pp. 42-51.
2Id. at 71-72.
3Id. at 74.
4Id.
5 RTC Civil Case No. SPL-0898, record, pp. 2-9.
6Rollo, p. 75.
7Id.
8Id. at 75-76.
9Id. at 76.
10Id. at 43-44.
11Id. at 76.
12Id.
13 Sample signatures in the 1994 Income Return, Sworn Statement of Assets and Liabilities, Letters addressed to Danny dated November 14, 1993, December 25, 1994, January 31, 1995, April 24, 1995, birthday card addressed to Danny dated May 31, 1995, September 1992 daily time record, and October 1992 daily time record enlarged photographs.
14Rollo, pp. 73-78.
15Id. at 78.
16 RTC Civil Case No. SPL-0898, record, p. 46-58.
17 RTC Civil Case No. 0898, record, pp. 78-96.
18 Penned by Justice Eduardo B. Peralta and concurred in by Associate Justices Magdangal M. De Leon and Stephen C. Cruz, rollo, pp. 42-51.
19Id. at 71-72.
20Id. at 14-38.
21Id. at 87-97.
22 See Recio v. Heirs of Spouses Altamirano, 715 Phil. 126, 137 (2013).
23 See Perpetual Savings Bank v. Fajardo, 295 Phil. 794, 803 (1993).
24 RTC Civil Case No. 0898, record, p. 5
25Id. at 8.
26 Civil Code of the Philippines, Republic Act No. 386, June 18, 1949.
27 583 Phil. 118 (2008).
28 612 Phil. 93 (2009).
29 TSN dated June 16, 2006, Civil Case No. SPL-0898, pp. 10-12.
30Id at 16.
31 RTC Civil Case No. SPL-0898, record, 41-52.
32Id. at 47-48.
33 TSN dated December 5, 2003, Civil Case No. SPL-0898, p. 2.
34Id. at 4.
35Id. at 4-5.
36 See Heirs of Arao v. Heirs of Eclipse, G.R. No. 211425, November 19, 2018.
37 G.R. No. 211425, November 19, 2018.
38 See Province of Cebu v. Heirs of Morales, 569 Phil. 641, 648 (2008).
39 See Spouses Joaquin v. Court of Appeals, 461 Phil. 761, 772 (2003).
40 TSN, dated November 21, 2003, pp. 10-11.
41Id. at 12.
42 TSN dated May 14, 2004, pp. 6-7.
43Id. at 9.
44Rollo, p. 77.
45 RTC Case No. SPL-0898, record, p. 171.
46Id. at 170.
47 618 Phil. 409 (2009).
48Id.
49 422 Phil. 699 (2001).chanRoblesvirtualLawlibrary