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    Arakor Construction and Development Corporation v. Sta. Maria

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    Jay jogs
    This case involves a petition assailing the decision of the Court of Appeals which affirmed the trial court's ruling granting a complaint to annul deeds of absolute sale of five parcels of land. [1] The lands were originally owned by Fernando and Felicidad Gaddi, but after their deaths, Arakor Construction presented deeds indicating the properties were sold to them. [2] However, the heirs filed a complaint as Felicidad's signature on the deeds was forged since she had died years before the alleged sale. [3] The Supreme Court denied the petition and upheld the nullification of the deeds, as a contract is void if a party was already deceased at the time of execution.

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    Arakor Construction and Development Corporation v. Sta. Maria

    Uploaded by

    Jay jogs
    577 views2 pages
    This case involves a petition assailing the decision of the Court of Appeals which affirmed the trial court's ruling granting a complaint to annul deeds of absolute sale of five parcels of land. [1] The lands were originally owned by Fernando and Felicidad Gaddi, but after their deaths, Arakor Construction presented deeds indicating the properties were sold to them. [2] However, the heirs filed a complaint as Felicidad's signature on the deeds was forged since she had died years before the alleged sale. [3] The Supreme Court denied the petition and upheld the nullification of the deeds, as a contract is void if a party was already deceased at the time of execution.

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    Original Title

    11. ARAKOR CONSTRUCTION AND DEVELOPMENT CORPORATION V. STA. MARIA

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    This case involves a petition assailing the decision of the Court of Appeals which affirmed the trial court's ruling granting a complaint to annul deeds of absolute sale of five parcels of land. [1] The lands were originally owned by Fernando and Felicidad Gaddi, but after their deaths, Arakor Construction presented deeds indicating the properties were sold to them. [2] However, the heirs filed a complaint as Felicidad's signature on the deeds was forged since she had died years before the alleged sale. [3] The Supreme Court denied the petition and upheld the nullification of the deeds, as a contract is void if a party was already deceased at the time of execution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    577 views2 pages

    Arakor Construction and Development Corporation v. Sta. Maria

    Uploaded by

    Jay jogs
    This case involves a petition assailing the decision of the Court of Appeals which affirmed the trial court's ruling granting a complaint to annul deeds of absolute sale of five parcels of land. [1] The lands were originally owned by Fernando and Felicidad Gaddi, but after their deaths, Arakor Construction presented deeds indicating the properties were sold to them. [2] However, the heirs filed a complaint as Felicidad's signature on the deeds was forged since she had died years before the alleged sale. [3] The Supreme Court denied the petition and upheld the nullification of the deeds, as a contract is void if a party was already deceased at the time of execution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    ARAKOR CONSTRUCTION AND DEVELOPMENT CORPORATION, PETITIONER,

    VS. TERESITA G. STA. MARIA, ALFREDO N. GADDI, FERNANDO N. GADDI, JR.,


    MARILYN G. MALIXI, EVANGELINE G. GOLICRUZ, LILIAN G. FRANCISCO,
    LILIBETH G. PAGUIO AND THE LATE EFREN N. GADDI, HIS HEIRS, JENNY,
    ALLAN, JOEFFREY AND FELY ALL SURNAMED GADDI, RESPONDENTS

    G.R. No. 215006, January 11, 2021

    Hernando, J. – Third Division

    NATURE OF THE ACTION:

    Petition for Review on Certiorari assailing the Decision and Resolution of the Court of
    Appeals, which affirmed the Decision of the Regional Trial Court of Dinalupihan, Bataan, which
    granted the Complaint for Annulment of Deeds of Absolute Sale and Transfer Certificates of
    Title filed by herein respondents.

    FACTS:

    The Spouses Fernando Gaddi, Sr. and Felicidad Nicdao Gaddi owned the five contested
    parcels of land. Felicidad and Fernando Sr. died in 1985 and 1996, respectively. Atty. Greli
    Legaspi, the president of petitioner Arakor Construction and Development Corporation,
    informed the heirs of spouses Gaddis that their parents had already sold the contested five
    parcels of land to Arakor as evidenced by two undated Deeds of Absolute Sale8 and that the
    titles to the properties have already been transferred to Arakor's name.

    Thus, the Gaddis filed a Complaint for Annulment of Deeds of Absolute Sale and
    Transfer Certificates of Title against Arakor. They alleged that the two contracts of sale were
    forged and the conveyance of the properties was fraudulent since Felicidad could not have signed
    the documents and given her consent thereon since she has been dead for seven years before the
    alleged execution of the said contracts.

    The RTC declared the Deeds of Absolute Sale as void for being fictitious because
    Felicidad had already passed away when the documents were executed. The CA affirmed the
    Decision of the RTC. Arakor maintains that the contract was valid since there was valuable
    consideration and the object of the sale was identified. It contends that at the time of the sale on
    September 8, 1992 (which happened after Felicidad's death), Fernando Sr. owned the properties
    in his own right and through the waivers executed by the Gaddis in his favor. Arakor or Atty.
    Legaspi had no participation in the preparation and notarization of the Deeds of Absolute Sale as
    they were the exclusive handiwork of Fernando Sr. and Efren. It asserts that the deeds should be
    considered as relatively simulated contracts; thus, the transfer of the properties to Arakor's name
    should be deemed as valid and binding. On the other hand, respondent posit that since Arakor
    failed to authenticate the Deeds of Absolute Sale, these documents did not confer any right upon
    it. Finally, they question the validity of the waivers as the said documents were not notarized.

    ISSUE:

    Whether or not the Deeds of Absolute Sale are null and void for being forged and
    fictitious.

    RULING:

    The Petition is DENIED.


    As regards the validity of the Deeds of Absolute Sale, We note that Arakor
    acknowledged Gaddis' allegation that Felicidad's signatures in the Deeds of Absolute Sale were
    forged since her death occurred prior to the execution of the said contracts. In fact, Arakor
    alleged that Fernando Sr. and Efren also sold a property to Matulac in spite of Felicidad's death,
    stressing that It was also a victim of fraud.

    Case law provides that "forgery cannot be presumed and must be proved by clear, positive and
    convincing evidence by the party alleging the same." In this case, the Gaddis satisfactorily
    discharged this burden by submitting in evidence the Certificate of Death of Felicidad to prove
    that her demise preceded the execution of the contracts of sale. This is in addition to Arakor's
    admission that Felicidad's death occurred before the sale transpired. Obviously, she could not
    have signed any document which leads to no other conclusion than that her signatures in the
    deeds were forged.

    More importantly, "[i]f any one party to a supposed contract was already dead at the time
    of Its execution, such contract is undoubtedly simulated and false, and, therefore, null and void
    by reason of its having been made after the death of the party who appears as one of the
    contracting parties therein." Indeed, "no one can give what one does not have; nemo dat quod
    non habet. One can sell only what one owns or is authorized to sell, and the buyer can acquire no
    more right than what the seller can transfer legally." Considering that Felicidad's signatures were
    forged, the Deeds of Absolute Sale are null and void and convey no title to Arakor. Thus, the
    TCTs which were issued in favor of Arakor "by virtue of the said spurious and forged document
    are also null and void." In fact, "all the transactions subsequent to the alleged sale are likewise
    void."

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