PRISCA
NAVAL, ET AL. vs. FRANCISCO ENRIQUEZ, ET AL.
G.R.
No. 1318
April
12, 1904
Don Jorge Enriquez, as
heir of his deceased parents, Antonio Enriquez and Doña Ciriaca Villanueva,
whose estates were at that time still undistributed, by public instrument sold
to Don Victoriano Reyes his interest in both estates, equivalent to a tenth
part thereof. By another instrument executed, Don Enrique Barrera, Don
Victoriano Reyes sold to Doña Carmen de la Cavada his interest in the estate of
Don Antonio Enriquez and Doña Ciriaca Villanueva, which he had acquired from
Don Jorge Enriquez. The purchaser, Doña Carmen, was the wife of Don Francisco
Enriquez, who was the executor and administrator of the testamentary estate of
Don Antonio Enriquez at the dates of the execution of the two mentioned. The
plaintiffs demand that these deeds be declared null and void, as well as the
contracts evidenced thereby, apparently solely so far as they refer to the
estate of Don Antonio Enriquez, no mention being made of the estate of Doña
Ciriaca Villanueva in the complaint. This relief is prayed for upon the grounds
that the deeds in question were consummated and were executed for the purpose
of deceiving and defrauding Don Jorge Enriquez and his family, and such
executor Don Francisco Enriquez was unable to acquire by his own act or that of
any intermediary the said hereditary portion of Don Jorge Enriquez under the
provisions of paragraph 3 of article 1459 of the Civil Code.
ISSUE:
Whether
or not the deeds executed are null and void.
HELD:
No.
The date of those contracts down to the death of Jorge Enriquez, which occurred
July 6, 1891, more than five year had passed and more than fifteen before the
filing of the complaint on January 9, 1902, nothing having been done in the
meantime on the part of the plaintiffs or the person under whom they claim to
interrupt the running of the statute. The action of nullity only lasts four
years, counted from the date of the consummation of the contract, when the
action is based, as in this case, upon the absence of consideration. (Art. 1301
of the Civil Code.) The contract of sale is consummated by
the delivery of the purchase money and of the thing sold.(Art. 1462, par. 2,
Civil Code.)
Article 1464 provides
that "With respect to incorporeal property, the provisions of par. 2 of Art.
1462 shall govern." In the deeds of sale executed by Victoriano Reyes in
favor of Doña Carmen de la Cavada, in consequence he (the vendor) by virtue of
this title cedes and conveys all rights which he has or may have to the part of
the inheritance which is the object of this sale may exercise all the acts of
ownership corresponding to her right, to which end by means of the delivery of
this instrument and of his other title deeds he makes the transfer necessary to
consummate the contract, which upon his part he declares to be perfect and
consummated from this date.
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