Dumasug v.

Modelo
34 Phil. 252 (1916)

VICES OF CONSENT /
ART. 1332 - WHEN ONE PARTY IS UNABLE TO READ
HELD:

FACTS: Yes, the instrument is null and void for lack of consent.

Petitioner Andrea Dumasug cannot write. Respondent Felix Modelo The consent given in this case was a consent given by mistake, thus the
persuaded Dumasug to affix her mark, which served as her signature on a document is null and void, as provided in Article 1331 and 1332 of the Civil Code.
document, falsely and maliciously making her believe that it contained an
The error (in consent) invalidates the contract, as it goes into the very
engagement on the part of Dumasug to pay Modelo a certain sum of money to
substance of the thing which is the subject matter of the contract. Had she
pay for the expenses of an earlier lawsuit wherein Modelo gave “advice” to
understood the contents of the said document, she would neither have accepted
Dumasug.
nor authenticated it by her mark.
However, 3 months after the execution of the document, Modelo took
It is undeniable that she was deceived in order to obtain her consent. The
possession of Dumasug’s carabao and two parcels of land and notified Dumasug
document is of no value whatever for the reason that it is not the one which, of
that she had conveyed to him through a Deed of Absolute Sale the said
her own free will, she authenticated with her mark.
properties. Apparently, the document provided that Dumasug, in exchange of
P333.49 received from Modelo, agreed to convey to Modelo the properties. Hence, the consent given by plaintiff being null and void, the document is
consequently also null, void, and of no value or effect. Article 1303 of the Civil
Dumasug then filed in the CFI a petition to declare null and void and of no
Code is therefore, applicable, which prescribes that: "when the nullity of an
effect the document/ contract allegedly entered into by her and Modelo, in which
obligation has been declared, the contracting parties shall restore to each other
CFI ruled in her favor.
the things which have been the object of the contract with their fruits, and the
value with its interest."

ISSUE:

W/N the subject document (Deed of Absolute Sale) is null and void.