CUI VS CUI (tan)FACTS: Jesus and Antonio are the legitimate children of Don Mariano Cui and Doa Antonia !erales "ho died intestate in#$%$& Jesus alleged that during the marriage of Don Mariano and Dona Antonia' their (arents ac)uired certain (ro(erties in the Cit* of Ce+u' namel*' ,ots -os& .%#.' .%#% and .%#$& U(on the death of their mother' the (ro(erties "ere (laced under the administration of their dad&that "hile the latter "as /0 *ears of age' Antonio +* means of deceit' secured the transfer to themsel1es the said lots "ithout an* (ecuniar* consideration2 that in the deed of sale e3ecuted on March /' #$04'5osario Cui a((eared as one of the 1endees' +ut on learning of this fact she su+se)uentl* renounced her rights under the sale and returned her (ortion to Don Mariano Cui +* e3ecuting a deed of resale in his fa1or on 6cto+er ##' #$042 that defendants' fraudulentl* and "ith the desire of enriching themsel1es un7ustl* at the e3(ense of their Sales 8 Case Digests8 49 father' Don Mariano Cui' and of their +rothers and co: heirs'secured a loan of !#%;';;; from the 5eha+ilitation (ro(erties' and "ith the loan thus o+tained' defendants constructed thereon ana(artment +uilding o f strong materials consisting of #0 doors' 1alued at a((ro3imatel*!#%;';; ; and another +uildin g on the same (arcels of land' "hich +uildings "ereleased to some Chinese commercial ecti1it*&E& Attorne*sDirector of ,ands 1s A+a+a (remoroFa) FACTS: Ad1erse claimant Att*& Al+erto E& FernandeF "as retained as counsel +* (etitioner' Ma3imo A+ar)ueF' for the annulment of a contract of sale "ith right ofre(urchase and for the reco1er* of the land "hich "as the su+7ect matter thereof& ,itigating as a (au(er in the lo"er court and engaging the ser1ices of hisla"*er on a contingent +asis' (etitioner' lia+le to com(ensate his la"*er "hom he also retained for his a((eal e3ecuted a document "here+* he o+liged himself to gi1e to his la"*er one:half (#G.) of "hate1er he might reco1er from the a((eal&The (ro(ert* in )uestion "as actuall* the share of the (etitioner in ,ots 94;; and94;.' "hich "ere (art of the estate of his deceased (arents and "hich "ere (artitioned the heirs "hich included (etitioner and his sister&The case ha1ing +een resol1ed and title ha1ing +een issued to (etitioner' ad1erse claimant "aited for (etitioner to com(l* "ith his o+ligation under the document e3ecuted +* him + u deli1ering the H (ortion of the said (arcels of land& !et refused to com(l* "ith his o+ligation and instead o>ered to sell the "hole (arcels of land to s(ouse ,arraFa+al& Then' ad1erse claimant immediatel* tooD ste(s to (rotect his interest +* ect after the :a((ellant' 1s& ISAIAS EATI,,?5' defendant:a((ellee& (!inili)Facts: 6n August %#' #$40' (lainti> Domingo D& 5u+ias' a la"*er' ects founded thereon are asserted against him& Thus' if there has +een a 1oid transfer of (ro(ert*' the transferor can reco1er it +* the accion rein1indicatoria 2 and an* (rossessor ma* refuse to deli1er it to the transferee' "ho cannot enforce the contract& Creditors ma* attach (ro(ert* of the de+tor "hich has +een alienated +* the latter under a1oid contract2 a mortgagee can allege the ine3istence of a (rior encum+rance2 a de+tor can assert the nullit* of an assignment of credit as a defense to an action +* the assignee& Sales 8 Case Digests8 4=The order of dismissal a((ealed from is here+* aMrmed' "ith costs in all instances against (lainti>:a((ellant& Valencia 1s& Ca+anting (Miles) FACTS:These consolidated administrati1e cases seeD to dis+ar res(ondents Dionisio Antini"' Arsenio Fer& Ca+anting and ?duardo Jo1ellanos (the last named' no" an MCTC Judge) for gra1e mal(ractice and misconduct in the e3ercise of their legal (rofession committed in the follo"ing manner:#& Administrati1e Cases -o & #%;. and #%$# & In #$%%' com(lainant !aulino Valencia (!aulino in short) and his "ife 5omana allegedl* +ought a (arcel of land'"here the* +uilt their residential house' from a certain Sera(ia 5a*mundo' an heir of !edro 5a*mundo the original o"ner& Bo"e1er' the* failed to register the sale or secure a transfer certierent (ro(ert*& !aulino and Sera(ia "ere not a+le to settle their di>erences& (5e(ort of In1estigating Judge Catalino Castaneda' Jr&' ((& .#:..)&6n Decem+er #9' #$4$ Sera(ia' assisted +* Att*& Arsenio Fer& Ca+anting' ' 1ersus !aulino Valencia' Defendant&@ (5e(ort' (& ##)&Summoned to (lead in Ci1il Case -o& V:.#=;' the Valencias engaged the ser1icesof Att*& Dionisio Antini"& Att*& Antini" ad1ised them to (resent a notariFed deed of sale in lieu of the (ri1ate document "ritten in Ilocano& For this (ur(ose' !aulino ga1e Att*& Antini" an amount of !.;;&;; to (a* the (erson "ho "ould falsif* the signature of the alleged 1endor (Com(laint' (& .2 5ollo ' (& =)& A @Com(ra1enta DeIs return suggests that Daro* had agreed to such transfer&It a((ears further that as a conse)uence of the demolition of the former o"nerIs house' com(lainant and Mrs& A+ecia "ere charged' together "ith De(ut* Sheri> ?ufrosino !& Castillo' "ith gra1e coercionGmalicious mischief in the 6Mce of the !ro1incial Fiscal of Misamis 6riental& Bence' the references to Mrs& A+ecia as Daro*Is assignee& The aforementioned documents "ere attached to the ans"er of ?ste+an A+ecia& Bo"e1er' des(ite the (artiesI agreement made at the hearing held' that the said documents "ould +e considered the e1idence of A+ecia' the* "ere not e1en mentioned in the re(ort of the Commissioner "ho in1estigated the case& Indeed' "hat a((ears to ha1e ha((ened in thiscase is that the (arties thought that +ecause the land had +een ac)uired +* com(lainant at a (u+lic sale held in order to satisf* a 7udgment in his fa1or in a case in "hich res(ondent "as com(lainantIs counsel' the latter could not ac)uire the land&The (arties a((arentl* had in mind Art& #0$# of the Ci1il Code "hich (ro1ides' in (ertinent (arts' as follo"s: A 5 T & # 0 $ # & The follo"ing (ersons cannot ac)uire +* (urchase' e1en at a (u+lic or 7udicial auction' either in (erson or through the mediation of another: & & & & (9) Justices' 7udges' (rosecuting attorne*s' clerDs of su(erior and inferior courts' and other oMcers and em(lo*ees connected "ith the administration of 7ustice' the (ro(ert* and rights in litigation or le1ied u(on an e3ecution +efore the court "ithin "hose 7urisdiction or territor* the* e3ercise their res(ecti1e functions2this(rohi+ition includes the act of ac)uiring +* assignment and shall a((l* to la"*ers' "ith res(ect to the (ro(ert* and rights "hich ma* +e the o+7ect of an* litigation in "hich the* ma* taDe (art +* 1irtue of their (rofession& 6f course' the (arties "ere mistaDen in thinDing that res(ondent could not 1alidl* ac)uire the land& In Jue1ara 1& Calalang' on facts similar to those in this case' "e held that the (rohi+ition in Art& #0$# does not a((l* to the sale of a (arcel of land' ac)uired +* a client to satisf* a 7udgment in his fa1or' to his attorne* as long as the (ro(ert* "as not the su+7ect of the litigation&For indeed'"hile 7udges' (rosecuting attorne*s' and others connected "ith the administration of 7ustice are (rohi+ited from ac)uiring P(ro(ert* or rights in litigation or le1ied u(on in e3ecution'Qthe (rohi+ition "ith res(ect to attorne*s in the case e3tends onl* to P(ro(ert* and rights "hich ma* +e the o+7ect of an* litigation in "hich the* ma* taDe (art +* 1irtue of their (rofession&Q The (oint is'the (arties in this case thought the transfer of the land to res(ondent A+ecia "as (rohi+ited and so the* contri1ed a "a* "here+* the land "ould +e sold to Jose Janga*' "hose "ife Anita is the sister of Mrs& -ena A+ecia' and then Janga* "ould sell the land to Mrs& A+ecia&The sale of the land to Janga* ma* +e