G.R. No. 38552, December 7, 1933
Enrique Somes vs. Vicente Somes, et al.

FACTS

Plaintiff-appellant Enrique Somes executed a deed (Exhibit A) ceding and transferring a parcel of land to his son, defendant Vicente Somes, for the sum of P35,000, which was to be deducted from Vicente’s future hereditary share. Vicente later mortgaged the property to the Director of Lands to secure a government loan. Enrique filed an action to annul both the deed of conveyance and the mortgage, alleging that his consent to the conveyance was obtained by his son through a threat of death.

ISSUE

Whether the deed of conveyance (Exhibit A) executed by Enrique Somes in favor of his son Vicente is void on the ground that Enrique’s consent was vitiated by a threat of death.

RULING

No. The Supreme Court affirmed the trial court’s judgment, holding the deeds valid. The Court found that the evidence did not satisfactorily establish that Enrique signed the deed under the influence of any threat or illicit act. The Court noted that Enrique’s own actions, such as continuing to collect rents from the property’s tenants and delivering them to Vicente, were inconsistent with a claim of having acted under duress. The Court characterized the transaction not as an absolute sale but as a valid conditional donation inter vivos, as all essential legal requisites, including acceptance manifested in the same instrument, were complied with. The mortgage in favor of the Director of Lands was likewise upheld as the government was a mortgagee in good faith, relying on the deed and the land records.

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