CASE II
PARTIES
Heirs of Dr Mario S. Intac and Angelina
Mendoza-Intac, petitioners VS. Court of
Appeals, and Spouses Marcelo Roy, Jr.
and Josefina Mendoza-Roy and
Spouses Dominador Lozada and
Martina Mendoza-Loazda, respondents
SUBJECT
The case involves a dispute over the
validity of a deed of absolute sale and
ownership of a property in Quezon City,
Philippines.
fACTS
The respondents, Spouses Marcelo Roy
Jr. and Josefina Mendoza-Roy, and
Spouses Dominador Lozada and
Martina Mendoza-Lozada, sought the
cancellation of Transfer Certificate of
Title (TCT) No. 242655, claiming that
the sale was simulated and void.
fACTS
The petitioners, Heirs of Dr. Mario S.
Intac and Angelina Mendoza-Intac,
resisted the cancellation, arguing that
the sale was valid and for a
consideration.
fACTS
Ireneo Mendoza, the owner of the
subject property, executed a deed of
absolute sale in favor of Angelina and
her husband, Mario Intac, in 1977.
fACTS
Ireneo and his family continued to stay
in the property and pay the realty taxes.
fACTS
After Ireneo's death, his widow and the
respondents remained in the property.
fACTS
The respondents claimed that the sale
was simulated and that they were the
ones paying the real estate taxes and
maintaining possession of the property.
RUlingS
1. Regional Trial Court
2. Court of Appeals
3. Supreme Court
REgionAl
TRiAl CoURT
On April 30, 2002, the RTC rendered
judgment in favor of respondents and
against Spouses Intac.
WHEREFORE, premises considered,
judgment is hereby rendered:
WHEREFORE, premises considered, judgment is hereby rendered:
(1) Declaring the Deed of Absolute Sale (3) Ordering defendants to pay
executed by Ireneo Mendoza in favor of p l a i n t i ff s t h e a m o u n t o f T h i r t y
Mario and Angelina Intac dated October Thousand Pesos (PhP30,000.00) as
25, 1977 as an equitable mortgage; and for attorney's fees.
(2) Ordering the Register of Deeds of
Quezon City to cancel Transfer Certificate
Title No. 242655 and, in lieu thereof, issue
a new Transfer Certificate of Title in the
name of Ireneo Mendoza; and
The other claims for damages are hereby denied for lack
of merit.
The RTC ruled, among others, that the sale between
Ireneo and Salvacion, on one hand, and Spouses Intac
was null and void for being a simulated one considering
that the said parties had no intention of binding
themselves at all.
CoURT of
APPEAlS
On appeal, the CA modified the decision
of the RTC. The CA ruled that the RTC
erred in first declaring the deed of
absolute sale as null and void and then
inte r p r e t in g it t o b e a n e q u it a b le
mortgage.
CoURT of
APPEAlS
The CA believed that Ireneo agreed to
have the title transferred in the name of
the Spouses Intac to enable them to
facilitate the processing of the mortgage
and to obtain a loan.
WHEREFORE, in view of the foregoing premises, the decision of the
Regional Trial Court of Quezon City, Branch 220, is AFFIRMED with
modifications, as follows:
1. The Deed of Absolute Sale dated October 25, 1977 executed
by Ireneo Mendoza and Salvacion Fermen in favor of Spouses
Mario and Angelina Intac is hereby declared NULL AND VOID;
2. the Register of Deeds of Quezon City is ordered to cancel
TCT No. 242655 and, in lieu thereof, issue a new one and
reinstate Ireneo Mendoza as the registered owner;
3. The defendant appellants are hereby ordered to pay the
plaintiff appellees the amount of thirty thousand pesos
(Php30,000.00) as and for attorney's fees; and
4. The other claims for damages are denied for lack of merit.
SUPREmE
CoURT
- The Supreme Court affirmed the decision of
the lower courts, declaring the deed of
absolute sale as null and void and ordering
the cancellation of TCT No. 242655.
- The Court also ordered the reconveyance of
the property to the respondents.
ESSEnTiAl REqUiSiTES
ConSEnT oBJECT CAUSE
ConSEnT
Ireneo, with the consent of Salvacion, executed a deed of
absolute of sale of the property in favor of Angelina. (It is
later revealed that the contract was simulated, meaning
the contract does NOT REALLY exist and the parties do
not intend to be bound at all.)
oBJECT
Subject Property presently covered by
TCT no.242655 of the Registry of Deeds
of Quezon City and situated at No. 36
Road 8, Bagong Pagasa, Quezon City,
which Ireneo purchased in 1954.
CAUSE
For Ireneo: To lend Angelina the property
For Angelina: The subject property
prESEntEd by
gRoUP 2
Alexes Ligcuban Gracean Maslog
Prescious Cyril Keth Lobo Jannah Grace Laurente
Ellieza Manpatilan Joana Marie Gantala
Steven Vince Empinado Joev Libot
Erica Ryza Ebrada Joseph Jave Eballa
Faiza Garcia Rhea Fajardo
Isabela Garcia Shanah Gomez
Sheena Hinayon
