FRANCISCO vs FRANCISCO-ALFONSO354 SCRA 112, G.R No.

138774, March 8, 2001

FACTS:
Respondent Aida Francisco-Alfonso is the sole legitimate daughter
of Gregorio Franciscowhile Petitioners are daughters of the latter
with his common law wife Julia Mendoza. GregorioFrancisco owned
two parcels of residential land situated in Bulacan. When Gregorio
wasconfined in a hospital in 1990, he confided to his daughter Aida
that the certificate of title of hisproperty were in the possession of
the petitioners. When Gregorio died. Aida inquired aboutthe
certificate of title from petitioners and they informed her that
Gregorio had sold the land tothem in 1983 as executed by a
Kasulatan . After verification, Aida learned that there wasindeed
a deed of absolute sale in favor of petitioners.In 1991, Aida
filed with the Regional Trial Court, Bulacan, a complaint against
petitionersfor annulment of sale with damages. In their joint
answer, petitioners denied the allegedforgery or simulation of the
Deed of Sale. The trial court rendered a decision dismissing
thecomplaint while upon appeal the Court of Appeals reversed the
decision of the lower court. Hence, this petition.

ISSUE: Whether or not the Kasulatan or Deed of Sale is

valid.
HELD:
The Kasulatan was simulated. There was no cause or consideration
for the contract of sale. The same was a simulation and hence, null
and void. We find it incredible that engaging inbuy and sell could
raise the amount of P10,000.00 , or that earnings in selling goto
could saveenough to pay P 15,000.00, in cash for the land. The
testimonies of petitioners were incredibleconsidering their
inconsistent statements as to whether there was consideration for
the saleand also as to whether the property was bought below or
above its supposed market value.They could not even present a
single witness to the Kasulatan that would prove receipt of
thepurchase price.The petition is hereby denied and decision of
the Court of Appeals is affirmed