G.R. No. L-20836 January 31, 1966
ANA ALARCON, ET AL., plaintiffs-appellants, vs. JOSE ESTEVA, ET AL., defendants-appellees.

FACTS

Roman Victor acquired a parcel of land in Rizal via a Free Patent, covered by Original Certificate of Title No. 1162. Upon his death, his heirs, Ana Alarcon and Francisco Siena, sold the land on March 12, 1937, to the spouses Jose Esteva and Elena Bautista for P6,200. The buyers were issued Transfer Certificate of Title No. 50110. Subsequently, the Esteva spouses sold the property to other persons, who in turn resold it to further purchasers, resulting in the land being distributed under twenty-two different certificates of title in various names. On March 9, 1962, within the five-year period prescribed by Section 119 of the Public Land Act, the plaintiffs (heirs of the original patent holder) filed an action against the Esteva spouses and their vendees, seeking redemption and reconveyance of the land originally sold in 1937. The defendant spouses moved to dismiss the complaint against them, arguing that since they had already disposed of the land, they could not be compelled to reconvey it. The Court of First Instance of Rizal granted the motion and dismissed the complaint as to the Esteva spouses. The plaintiffs appealed.

ISSUE

Whether the complaint against the defendant spouses Jose Esteva and Elena Bautista states a cause of action for redemption and reconveyance, given that they had already sold the land to other parties.

RULING

No. The order of dismissal is affirmed. The complaint fails to state a cause of action against the Esteva spouses. Since it is apparent from the complaint itself that these defendants had already disposed of the land in question, they cannot be compelled to reconvey it to the plaintiffs. The legal maxim “ad impossibilia nemo tenetur” (no one is bound to do the impossible) applies. As to these defendants, the action for redemption and reconveyance is moot and without useful purpose. The Court noted that the complaint did not even seek damages against the appellees. The obligation to reconvey upon redemption is an obligation that attaches to the redeemable land itself and runs with the land, enforceable against any possessor holding under the vendee, unless barred by a legal defense. The proper action for redemption should be directed against the subsequent purchasers or current possessors of the land. If the current possessors are ultimately required to reconvey, they may then proceed against the Esteva spouses for warranty against eviction, but this right is not available to the redemptioners (plaintiffs).