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Vda. de Ape Vs CA

Fortunato was one of 11 children who inherited a parcel of land from their father without formally dividing it. Lumayno became interested in purchasing the portions of land occupied by each heir. On April 11, 1973, Fortunato entered into a contract to sell his portion to Lumayno for P5,000, with an advance payment of P30. However, Fortunato was illiterate and the details of the contract were not fully explained to him before he signed the receipt. The court found the consent was not valid as it was not intelligent due to Fortunato's illiteracy and lack of understanding of the transaction. For a contract of sale to be valid, there must be valid consent between the parties

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502 views2 pages

Vda. de Ape Vs CA

Fortunato was one of 11 children who inherited a parcel of land from their father without formally dividing it. Lumayno became interested in purchasing the portions of land occupied by each heir. On April 11, 1973, Fortunato entered into a contract to sell his portion to Lumayno for P5,000, with an advance payment of P30. However, Fortunato was illiterate and the details of the contract were not fully explained to him before he signed the receipt. The court found the consent was not valid as it was not intelligent due to Fortunato's illiteracy and lack of understanding of the transaction. For a contract of sale to be valid, there must be valid consent between the parties

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Enn Arr Angeles Tapoc
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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456 SCRA 193 Civil Law Law on Sales Elements of a Contract of Sale Consent

Vitiated
Cleopas Ape died in 1950 and left a parcel of land (Lot 2319) to his 11 children. The
children never formally divided the property amongst themselves except
throughhantal-hantal whereby each just occupied a certain portion and developed
each.
On the other hand, the spouses Lumayno were interested in the land so they started
buying the portion of land that each of the heirs occupied. On 11 Apr 1973, one of
the children, Fortunato, entered into a contract of sale with Lumayno. In exchange
of his lot, Lumayno agreed to pay P5,000.00. She paid in advance P30.00. Fortunato
was given a receipt prepared by Lumaynos son in law (Andres Flores). Flores also
acted as witness. Lumayno also executed sales transactions with Fortunatos
siblings separately.
In 1973, Lumayno compelled Fortunato to make the the delivery to her of the
registrable deed of sale over Fortunatos portion of the Lot No. 2319. Fortunato
assailed the validity of the contract of sale. He also invoked his right to redeem (as
a co-owner) the portions of land sold by his siblings to Lumayno. Fortunato died
during the pendency of the case.
ISSUE: Whether or not there was a valid contract of sale?
HELD: No. Fortunato was a no read no write person. It was incumbent for the the
other party to prove that details of the contract was fully explained to Fortunato
before Fortunato signed the receipt.
A contract of sale is a consensual contract, thus, it is perfected by mere consent of
the parties. It is born from the moment there is a meeting of minds upon the thing
which is the object of the sale and upon the price. Upon its perfection, the parties
may reciprocally demand performance, that is, the vendee may compel the transfer
of the ownership and to deliver the object of the sale while the vendor may demand
the vendee to pay the thing sold. For there to be a perfected contract of sale,
however, the following elements must be present: consent, object, and price in
money or its equivalent.
For consent to be valid, it must meet the following requisites:
(a) it should be intelligent, or with an exact notion of the matter to which it refers;
(b) it should be free and
(c) it should be spontaneous. Intelligence in consent is vitiated by error; freedom by
violence, intimidation or undue influence; spontaneity by fraud.

Lumayno claimed that she explained fully the receipt to Fortunato, but Flores
testimony belies it. Flores said there was another witness but the other was a maid
who also lacked education. Further, Flores himself was not aware that the receipt
was to transfer the ownership of Fortunatos land to her mom-in-law. It
merely occurred to him to explain the details of the receipt but he never did.

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