GR L 2277; (November, 1950) (Digest)
G.R. No. L-2277. December 29, 1950.
MONICO CONCEPCION, plaintiff-appellant, vs. PACIENCIA STA. ANA, defendant-appellee.
FACTS
Monico Concepcion filed an action to annul the sale of three parcels of land made by his deceased sister, Perpetua Concepcion, to Paciencia Sta. Ana. He alleged that the sale, executed for a false and fictitious consideration, was done in connivance with the defendant to defraud him, as he is the sole surviving legitimate brother and heir of Perpetua, who died without issue or a will. The defendant moved to dismiss the complaint for failure to state a cause of action, arguing that the deceased, as owner, had the right to dispose of her properties. The Court of First Instance of Manila granted the motion, ruling that the plaintiff, not being a party to the deed of sale, had no right of action under Article 1302 of the Civil Code. The plaintiff appealed.
ISSUE
Whether the plaintiff, as the sole heir of the deceased vendor, has the legal capacity or right to institute an action to annul the contract of sale allegedly executed with a false consideration.
RULING
No. The Supreme Court affirmed the dismissal of the complaint. First, a contract with a false consideration is not null and void per se (non-existent) but merely voidable or annullable under Article 1276 of the Civil Code. Second, an action for annulment under Article 1302 may only be brought by a person principally or subsidiarily bound by the contract or by their heirs to whom rights and obligations under the contract have been transmitted. Here, the deceased vendor voluntarily conveyed the properties, and no rights or obligations from that contract were transmitted to the plaintiff-appellant. As a mere compulsory or forced heir was not involved (the plaintiff not being a forced heir), he could not institute an action for annulment. A forced heir might have an action for rescission under Article 1291(3) to protect his legitime, but that did not apply. Therefore, the plaintiff lacked legal standing to challenge the validity of the sale.
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