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  • Portugal V IAC

    Diunggah oleh

    Joshua Pielago
    116 tayangan1 halaman
    Hugo borrowed certificates from his mother Cornelia under false pretenses of securing a loan. After Cornelia's husband died, Hugo refused to return the certificates and instead presented a falsified deed showing that Cornelia sold the lots to Hugo and his brother Emiliano for a low price. Emiliano denied participation in this fraud and reconveyed his portion back to Cornelia. The court ruled that the fraudulent sale contract was void from the beginning due to lack of consent and consideration, and that void contracts cannot be prescribed by the passage of time. The appellate court was therefore justified in disturbing the trial court's findings and allowing Cornelia's case to proceed despite Hugo's claim of prescription.

    Deskripsi Asli:

    portugal, iac, oblicon,law

    Judul Asli

    Portugal v IAC

    Hak Cipta

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    Hugo borrowed certificates from his mother Cornelia under false pretenses of securing a loan. After Cornelia's husband died, Hugo refused to return the certificates and instead presented a falsified deed showing that Cornelia sold the lots to Hugo and his brother Emiliano for a low price. Emiliano denied participation in this fraud and reconveyed his portion back to Cornelia. The court ruled that the fraudulent sale contract was void from the beginning due to lack of consent and consideration, and that void contracts cannot be prescribed by the passage of time. The appellate court was therefore justified in disturbing the trial court's findings and allowing Cornelia's case to proceed despite Hugo's claim of prescription.

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    © All Rights Reserved
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    116 tayangan1 halaman

    Portugal V IAC

    Diunggah oleh

    Joshua Pielago
    Hugo borrowed certificates from his mother Cornelia under false pretenses of securing a loan. After Cornelia's husband died, Hugo refused to return the certificates and instead presented a falsified deed showing that Cornelia sold the lots to Hugo and his brother Emiliano for a low price. Emiliano denied participation in this fraud and reconveyed his portion back to Cornelia. The court ruled that the fraudulent sale contract was void from the beginning due to lack of consent and consideration, and that void contracts cannot be prescribed by the passage of time. The appellate court was therefore justified in disturbing the trial court's findings and allowing Cornelia's case to proceed despite Hugo's claim of prescription.

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai DOCX, PDF, TXT atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 1

    PORTUGAL v IAC, PORTUGAL

    VOID CONTRACTS

    FACTS:
    -

    Cornelia Clamor Portugal and husband bought a lot of lands in their lifetime.
    1967: Hugo Portugal, their son, borrowed certificates in the pretext of securing a loan. Cornelia, a loving
    mother, assented to his sons wishes. Husband died.
    Husband died. Cornelia requested to get certificates back.
    Hugo said no certificates exist anymore. Presented new certificates transferred to his and his brother
    Emilianos name via a falsificated deed of sale stating that Cornelia and husband sold to Hugo and
    Emiliano said lots for Php 8,000.00.
    Emiliano said he had no participation. As sign of good faith, he instated reconveyance of lots transferred
    to his name back to his mother. Hugo refused to follow.
    Hugo argues action prescribed because contracts attended by fraud can only be brought to court within
    four years of discovery.

    ISSUE:
    WoN action has prescribed
    WoN the respondent court was justified in disturbing the trial court's findings on the credibility of the
    witnesses presented during the trial
    WoN the appellate court could entertain the defense of prescription which was not raised by the private
    respondents in their answer to the complaint nor in a motion to dismiss.
    RULING:
    -

    Sale is not simply attended by fraud. Since petitioners had no knowledge of such sale, there was no
    consideration ever paid to petitioners for the alleged fraudulent sale. Hence, contract of sale is void ab
    initio.
    Void contracts have no prescription. They are void from the start and cannot be prescribed/ratified.

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