11224053

MODINA vs. COURT OF APPEALS (317 SCRA 696)

FACTS: The parcel of land under the name of Ramon Chiang is in questioned since Mr. Chiang claims that the land has already been sold by his wife to him. Mr. Chiang in turn sells this land to Modina which are all evidenced by deed of sale. Modina then filed Complaint for Recovery of Possession with Damages before the Regional Trial Court of Iloilo City. On the other hand, Merlinda, the wife of Ramon, presented also a complaint which is to make the deed of sale between her husband and Modina null and void.

ISSUE: The first issue raised was that whether the sale of the parcel of land should be nullified or not. Second is that whether the petitioner, Modina, was a purchaser in good faith or not. Third is whether the decision of the trial court was in excess of jurisdiction or the court's acting beyond the limits of its power; and lastly whether or not only three-fourths of subject lots should be returned to the private respondent.

RULING: The court declares the sale of land between Chiang and Modina as null and void. This is because under Art. 1490, husband and wife are prohibited to sell properties to each other. Not being the owner of the land, Ramon Chiang cannot sell the land to Modina. The sale by Ramon Chiang in favor of Modina is, likewise, void and inexistent. As for the second issue, the court concluded that Modina is not a purchaser in good faith. It was found that there were circumstances known to Modina which rendered their transaction fraudulent under the circumstances. Circumstances which indicated of bad faith on Modina, is that he asked his nephew to investigate the origin of the property and the latter learned that the land formed part of the properties of Merlinda’s first husband; and also that the said sale was between the spouses.

CONCURRING and DISSENTING OPINIONS: In