Q. Hi ! Sir , sometime in 1998 while in the Philippines, my husband abandoned me and our two children. Due to his vices like gambling, womanizing and his temper our marriage broke down. Freed from this bondage, I did not contest our separation. Thereafter, I and my children left the country and are now settled in Canada .
We were married in the Philippines according to Chinese rites sometime on August 1985. In 1975, with my own money, I purchased a parcel of commercial property along Rizal Avenue, Sta. Cruz, Manila . A land title for this property was issued and registered in my name.
However, prior to our separation , I reluctantly agreed to my husband’s proposal to execute a Deed of Sale of my property in his favour, on his assurance that he would construct a commercial building for the benefit of our children. He convinced me that the Deed of Sale should be in his name alone, and as single, so that I would not be involved in any obligation pertaining to the development of my lot.
For the above purpose , I executed a Deed of Sale transferring the my property for and in consideration of P900,000.00. The price or consideration in the Deed of Sale was actually a formality for purposes of the purported sale, as I did not receive a single centavo from this transaction. It was also part of our arrangement that after the commercial building would be constructed, my husband would execute a Deed of Sale of this property in favour of our children. On the basis of the Deed of Sale that I made, a new title(TCT) was issued in my husband’s name.
To date despite of my incessant plea for my husband to fulfill his promise to execute a Deed of Sale in favour of our children, he is refusing to do so. I really wanted my land returned to me for the sake of our children. Can I have my land back, considering that it is now titled in my husband’s name?
Thanks. BEVERLY .
ANS :
I submit that you have a solid legal ground to get back your land. In the first place, the Deed of Absolute Sale that you executed is one referred to in legal parlance as a “simulated sale.” Being a simulated sale, the Deed or acts embodied in the document that you executed was not sale at all , as the actual purpose thereof was to suit only the interest of the other. MOREOVER, husband and wife cannot sell their properties to each other. Hence, more so the sale is void.
Secondly, there was no consideration of the Deed of Sale. As you said that no single centavo was actually paid to you . “ A contract of purchase and sale is null and void and produces no effect whatsoever where the same is without cause or the consideration thereof by way of purchase price which appears thereon as paid has in fact never been paid by the purchaser to the vendor”. ( Rongavilla v. Court of Appeals, 294 SCRA 289 ; Ocejo, Perez & Co. v. Flores, 40 Phil. 92).
Thirdly, the land in questioned, is a paraphernalia property of yours. Under the law a paraphernalia property is one belonging exclusively to the wife which does not form part of or is not an integral part of the conjugal or community of properties ,as the said property was acquired by your prior to your marriage.
Considering further that the money you used to purchase the subject property was your own money and plus the fact that the land was registered in your name, all the facts and the evidence you mentioned are substantial evidence to prove your exclusive ownership of the said property pursuant to Articles 135 and 148 of the Civil Code ,as amended by Executive Order Nos. 209 and 227 respectively, otherwise known as The Family Code of the Philippines .
Thus, the Deed of Sale being simulated and contrary to public policy is without effect . The Supreme Court in a related case, held that “ the Deed of Sale that was executed , was made merely to facilitate the transfer of the property to petitioner pursuant to an agreement is void and without effect . Being merely a subterfuge , that agreement cannot be taken as a consideration for the sale.”( Yu Bun Guan v. Elvira Ong,G.R. 144735, Oct. 18,2001).