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Mapalo v. Mapalo
FACTS:
Spouses Miguel and Candida Quiba were illiterate farmers owners of the
piece of land in Manaoag, angasisnan. !ut of love and a"ection for Ma#imo
Mapalo, a brother of Miguel who was about to get married, decide to donate the
eastern part of the land to him.
The spouses signed a deed of absolute sale being victimi$ed having the idea
that the% were signing a deed of donation for the eastern part . &ence, their
signatures was procured b% fraud. The deed contained that the whole parcel was to
be considered for '(( pesos.
ursuant to what the% thought of as the deed of donation, the spouses built a
fence to segregate the eastern part and western part.
Ma#imo Magpalo then had registered a deed of sale in his favor for the wholelot )eastern plus western* to the +arcisos ros. The +arcisos then -led a complaint
against the spouses.
TC ruled that the sale of null and void as to the western part of the lot. The
+arcisos appealed. The ca ruled that the sale was void not voidable and that the
four %ears had elapsed hence it alread% prescribed.
/SS01:
/s the sale made b% Ma#imo Magpalo void or voidable2
&134:
The sale made was void. A contract without cause or consideration produces
no e"ect whatsoever. The consideration despite the fact that there was a
consideration of '((hp, was not however paid b% the Ma#imo. The consideration
was then not e#istent5 hence, the sale was void and not voidable.
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