A valid deed of sales
My neighbors have a property (house and lot) with an area of 240 sq. m. located in Quezon City with eight owners (brothers and sisters) as reflected in the Transfer Certificate of Title (TCT). The property was sold in 2007 and a new TCT was issued in favor of the buyer. Two of the co-owners were already dead when the sale was consummated, though it appears that they were able to execute/sign a public document (deed of sale). Is it valid?
Dear Peter,If indeed the document was made to appear that it was signed by these deceased persons after their death, then definitely the same is null and void and the person or persons responsible for falsifying their signatures may be held to answer for criminal, civil and/or administrative liabilities.Based on this, the new Transfer Certificate of Title issued in the name of the buyer may be cancelled and the old title shall be restored. Since there was no sale that was consummated because of the fictitious document, there was no transfer of ownership.Therefore, the co-owners named in the old title or their heirs or assigns have the right to recover possession of the said property especially so if they were not aware of the said transaction. The co-owners who are in favor of the sale may still sell their rights to the property, subject to the right of pre-emption and redemption of the other co-owners/co-heirs.On the other hand, if the Deed of Sale was executed by all the co-owners mentioned in the Transfer Certificate of Title as well as the heirs of the deceased co-owners, then the sale, for all intents and purposes, is valid.As provided under the New Civil Code of the Philippines, a contract of sale is one where the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefore a price certain in money of its equivalent. (Article 1458 of the New Civil Code of the Philippines)Thus, the aforementioned sale is valid if the owner or all of the owners are amenable to the same and willing to transfer ownership to the buyer and the latter in turn pays a price in terms of money or its equivalent.Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com or via text message (key in: Times dearpao and send to 2299."
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"A valid deed of sales"
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comments. The article was created on 14 September 2021
and updated on 14 September 2021