Francisco v. Francisco-Alfonso
GR No. 138774, March 8, 2001
FACTS:
Respondent herein, Aida Francisco-Alfonso is the legitimate daughter of decedent Gregorio Francisco. While petitioners, Regina and Zenaida are two of the illegitimate children of decedent with Julia.
While Gregorio is in the hospital, he confided to Aida that the Certificate Title of his only property is in the possession of Regina and Zenaida. When Aida confronted the two, they told her that their father sold the land to them for P25, 000.00. Thus, Aida filed a complaint for annulment of sale. The RTC ruled that the sale was valid but the CA decided that it was null and void.
ISSUES:
Whether or not the sale is valid.
May a legitimate daughter be deprived of her share in the estate of her deceased father by a simulated contract?
RULING:
No. There was no cause or consideration for the sale making it null and void. The court ruled that it is incredible for a buy and sell business of ready-to-wear clothes could raise P10,000.00 and earnings in selling goto could save enough to pay P15,000.00 for the land. The testimonies of petitioners were incredible considering their inconsistent statements as to whether there was consideration for the sale and as to whether the property was brought below or above its supposed market value. They did not even present a witness in the sale.
No. Note that the prevailing law during the time of death of Gregorio is the Civil Code and not the Family Code. Gregorio did not own any other property. If indeed the parcels of land involved were the only property left by their father, the sale in fact would deprive respondent of her share in her father’s estate. His compulsory heir, Aida, cannot be deprived of her share. Also, the Supreme Court noted that there was really a plan on the part of Gregorio to deprive his daughter Aida of her share but he had a change of heart and confided to Aida the certificate of title. Petition is denied.
