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Alino V Heirs of Angelica Lorenzo Digest
Alino V Heirs of Angelica Lorenzo Digest
Petitioner's contend that the sale was simulated and there was
absence on the part of Angelica or her husband to assert dominical
rights over the property, Lucia remained in continuous possession of
the lot and even paid for the real property taxed due.
Respondent heirs contend that the sale was not simulated and Lucia
did not take any concrete steps to recover the subject lot.
RTC & CA held that the sale was simulated
ISSUE: Is the Deed of Absolute Sale executed by Lucia in favor of her
daughter Angelica, valid and binding upon the parties? NO
HELD:
The intention of the parties shall be accorded primordial
consideration, which is determined from the express terms of the
agreement as well as their contemporaneous and subsequent acts.
In this case, Angelica and her husband did not attempt to exercise
any act of dominion over the lot from the sale was made until the
institution of the complaint by Lucia. They did not enter the subject
property not occupy the premises and even the respondent heirs did
not take possession of the lot.
In this case, Lucia was in actual possession of the property and she
designated Vivian as a caretaker of the subject lot and Vivian even
constructed a house on the lot and has been residing since then.
WHEREFORE, The Deed of Absolute Sale is null and void ab initio. And the
respondents are ordered to reconvey the subject lot to the petitioners.