SECOND DIVISION

[G.R. No. L-38736. May 21, 1984.]

FELIPE G. TAC-AN, petitioner, vs. HONORABLE COURT OF APPEALS and ELEUTERIO

ACOPIADO, MAXIMINO ACOPIADO, the SPOUSES JESUS PAGHASIAN and PILAR
LIBETARIO, respondents.

Liliano B. Neri and Felipe G. Tacon for petitioner.

Vic T . Lacaya for private respondents.

SYLLABUS

CIVIL LAW; CONTRACTS; REQUIREMENTS FOR VALIDITY THEREOF; CONTRACTS

WITH NON-CHRISTIANS GOVERNED BY ADMINISTRATIVE CODE OF MINDANAO AND SULU. —
Section 145 of the Administrative Code of Mindanao and Sulu requires, among others, the
approval of the provincial governor of contracts or agreements with NonChristians otherwise
they are null and void. Revocation by the provincial governor of his approval on the ground that
his signature was obtained thru a false representation renders such agreements or contracts null
and void.

DECISION

ABAD SANTOS, J : p

The petitioner, Felipe G. Tac-An, is a lawyer whose services were engaged by the brothers
Eleuterio Acopiado and Maximino Acopiado who were accused of frustrated murder and theft of
large cattle before the Municipal Court of New Piñan, Zamboanga del Norte in March, 1960. cdrep

On April 4, 1960, Tac-An caused a document entitled, "Deed of Quitclaim" to be thumb-

marked by the Acopiado brothers whereby for the sum of P1,200.00 representing his fees as their
lawyer in the criminal cases, they conveyed to him a parcel of land with an area of three hectares.
The document was acknowledged before Notary Public Pacifico Cimafranca on the same date
who explained its contents to the Acopiados.
On April 6, 1960, or two days after the execution of the deed, the Acopiados told Tac-An
that they were terminating his services because their wives and parents did not agree that the
land be given to pay for his services. They also said that they had hired another lawyer, a relative,
to defend them. But Tac-An continued to represent them.
In the case for frustrated murder, the Acopiados were acquitted. The cases for theft of
large cattle were dismissed due to the desistance of the complainants.
On April 2, 1961, Eleuterio sold his share of the land previously conveyed to TacAn to Jesus
Paghasian and Pilar Libetario but the latter did not take possession thereof.
In June, 1964, Tac-An appointed Irineo Villejo, a barrio captain, as his overseer in the land.
On July 2, 1964, Tac-An also secured the approval of the Provincial Governor of Zamboanga del
Norte to the Deed of Quitclaim. And on October 7, 1964, Tac-An led a complaint against the

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 Acopiado brothers, Paghasian and Libetario in the CFI of Zamboanga del Norte. He prayed that
he be declared the owner of the land; that the sale made in favor of Paghasian and Libetario be
annulled; and that he be paid damages, attorney's fees, etc.
The Court of First Instance decided in favor of Tac-An whereupon the Acopiados, et al.
appealed to the Court of Appeals.
The Court of Appeals voided the transfer of the land to Tac-An but held that for his services
in the criminal cases he was entitled to the agreed upon amount of P1,200.00. The judgment of
the Court of Appeals reads as follows:
"WHEREFORE, the judgment appealed from is hereby reversed and set aside. In
lieu thereof, another one is rendered ordering the defendants Acopiados to pay the
plaintiff the sum of P1,200.00 with interest at a legal rate from the date of the nality of
this judgment until full payment thereof. No pronouncement as to costs." (Rollo, pp. 40-
41.)

Petitioner Tac-An prays that the decision of the Court of Appeals be set aside and that the
decision of the Court of First Instance be upheld instead.
The petition is not impressed with merit.
The Court of Appeals found as a fact that the Acopiado brothers fully understood the tenor
of the Deed of Quitclaim which they executed. But the Court of Appeals also found as a fact that
the Acopiado brothers are Non-Christians, more speci cally Subanons, and that each is married
to a Subanon. And because they are Non-Christians, the Court of Appeals applied Section 145 of
the Administrative Code of Mindanao and Sulu which reads as follows:
"Sec. 145. Contracts with Non-Christians requisites. — Save and except
contracts of sale or barter of personal property and contracts of personal service
comprehended in chapter seventeen hereof no contract or agreement shall be made in
the Department by any person with any Moro or other non-Christian tribe or portion
thereof the Department or with any individual Moro or other nonChristian inhabitants
of the same for the payment or delivery of money or other things of value in present
or in prospective, or in the manner affecting or relating to any real property, unless such
contract or agreement be executed and approved as follows:

xxx xxx xxx

"(b) It shall be executed before a judge of a court of record, justice or auxilliary

justice of the peace, or notary public, and shall bear the approval of the provincial
governor wherein the same was executed or his representative duly authorized in
writing for such purpose, indorsed upon it."

It should be stated that under Section 146 of the same Code, contracts or agreements
made in violation of Sec. 145 shall be "null and void."
It should be recalled that on July 2, 1964, Tac-An secured the approval of the Provincial
Governor of Zamboanga del Norte to the Deed of Quitclaim and that should have satisfied the
requirement of Sec. 145 of the Administrative Code for Mindanao and Sulu. But it appears that
on April 12, 1965, while Tac-An's suit was pending in the trial court, the Governor of Zamboanga
del Norte revoked his approval for the reasons stated therein.
The petitioner now asserts that the revocation of the approval which had been given by
the Provincial Governor has no legal effect and cannot affect his right to the land which had
already vested. But as Justice Conrado M. Vasquez, with Justices Mateo Canonoy and Ameurfina
M. Herrera concurring, said:
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 "The approval by Provincial Governor Felipe Arcuna appearing on the face of the
Deed of Quitclaim (Exh. "E") made on July 2, 1964 may no longer be relied upon by the
plaintiff in view of the revocation thereof by the same o cial on April 12, 1965 (Exh. 4).
The revocation was based on the ground that the signature of Governor Azcuna was
obtained thru a false representation to the effect that the alleged transaction was legal
and voluntary when in truth and in fact, as found out later, the said parcel of land was
the subject matter of a court litigation; and, moreover, the non-Christian vendors were
not brought before him for interrogation, con rmation or rati cation of the alleged deed
of quitclaim. The fact that the revocation was made after the ling of instant action on
October 10, 1964 does not vitiate the aforesaid action of the Provincial Governor. Signi
cantly, no attempt was made to disprove the truth of the reasons stated in the certificate
of revocation (Exh. 4)." (Rollo, p. 37.)

The petitioner also argues that the Administrative Code of Mindanao and Sulu was
repealed on June 19, 1965 by Republic Act No. 4252, hence the approval of the Provincial
Governor became unnecessary Su ce it to say that at times material to the case, i.e. when the
Deed of Quitclaim was executed, when the approval by the Provincial Governor was given and
when the approval was revoked, Sections 145 and 146 of the Administrative Code of Mindanao
and Sulu were in full force and effect and since they were substantive in nature the repealing
statute cannot be given retroactive effect. It should also be stated that the land in question must
be presumed to be conjugal in nature and since the spouses of the Acopiado brothers did not
consent to its transfer to the petitioner, the transaction was at least voidable.
WHEREFORE nding the petition to be lacking in merit, the same is hereby
dismissed with costs against the petitioner. LLpr

SO ORDERED.
Makasiar, Aquino, Concepcion, Jr., Guerrero and De Castro, JJ ., concur.
Escolin, J ., took no part.

CASE DIGEST

FACT: As payment for legal services, Eleuterio Acopiado and Maximino Acopiado conveyed a
parcel of land to Tac-An through a document entitled, “Deed of Quitclaim”. After the execution
of the deed, the Acopiados told Tac-An that they were terminating his services. Moreover,
Eleuterio sold his share of the land previously conveyed to Tac-An.

On October 7, 1964, Tac-An filed a complaint praying that he will be declared owner of the land
under consideration, that the sale of land belonging to Eluterio be nullified and that he be paid
damages, attorney’s fees, etc.

But Court of Appeals voided the transfer of the land to Tac-An on the ground that the contract is
not in accordance with the requirements of Administrative Code of Mindanao and Sulu for
Contracts with Non-Christians. The Acopiados are Non-Christians, Section 145 of the
Administrative Code of Mindanao and Sulu applies.

The petitioner asserts that the revocation of the approval which had been given by the Provincial
Governor has no legal effect and cannot affect his right to the land which had already vested. The
petitioner also argues that the Administrative Code of Mindanao and Sulu was repealed on June
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 19, 1965 by Republic Act No, 4252, hence the approval of the Provincial Governor became
unnecessary.

ISSUE: Are the requirements of Administrative Code of Mindanao and Sulu still required?

HELD: When the Deed of Quitclaim was executed, Sections 145 and 146 of the Administrative
Code of Mindanao and Sulu were in full force and effect and since they were substantive in nature
the repealing statute cannot be given retroactive effect. Hence, the requirements of
Administrative Code of Mindanao and Sulu still required in contracts involving non-christians.

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