Case Digest: NATIVIDAD BAUTISTA-BORJA v. ILUMINADA BAUTISTA, et al.

NATIVIDAD BAUTISTA-BORJA v. ILUMINADA BAUTISTA, et al.

574 SCRA 375 (2008)

An action for declaration of nullity of an alleged fraudulent deed of sale is imprescriptible under the Civil Code.

Petitioner Natividad Bautista- Borja (Natividad), one of the five children of deceased Spouses Pablo and Segundina Tadiaman Bautista (spouses Bautista), claimed that Iluminada Bautista, et al., through fraud and deception, convinced her to take possession and cultivate some agricultural lands that will eventually be partitioned. Unknown to Natividad, however, the titles to the lands were cancelled by virtue of Deeds of Sale executed on different dates by her parents in favor of her siblings Simplicio and Francisco, a fact which she found out subsequent to her possession and cultivation of the said lands. Natividad thus filed a complaint before the Regional Trial Court (RTC) for Annulment of the Deeds of Sale and/or Partition of Properties.

The RTC dismissed the complaint for lack of cause of action, prescription and laches. Natividad thus elevated the case to the Court of Appeals (CA), contending that the nature of her complaint was one for annulment of void contracts which is imprescriptible. The CA, however, affirmed the trial court‘s decision.

ISSUES:

Whether or not the Natividad‘s cause of action has already prescribed

HELD:

From the earlier quoted-allegations in Natividad‘s complaint, it is clear that her action is one for declaration of the nullity of the Deeds of Sale which she claims to be either falsified ─ because at the time of the execution thereof, Pablo was already gravely ill and bedridden, hence he could not have gone and appeared before the Notary Public, much less understood the significance and legal deeds ─ and/or because there was no consideration therefor. Clearly, following Article 1410 of the Civil Code, petitioner‘s action is imprescriptible.

But even if Natividad‘s complaint were to be taken as one for reconveyance, given that it is based on an alleged void contract, it is just the same as imprescriptible.