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G.R. No. 104482 January 22, 1996 BELINDA TAREDO, for herself and in representation of her brothers and sisters, and TEOFILA CORPUZ TANEDO, representing her minor daughter VERNA TANEDO, petitioners vs. THE COURT OF APPEALS, SPOUSES RICARDO M. TAREDO AND TERESITA BARERA TAREDO, respondents FACTS : 1. October 20, 1962: Lazardo Tañedo executed a notarized deed of absolute sale in favor of his eldest brother, Ricardo Tañedo, and the latter’s wife, Teresita Barera (private respondents) whereby he conveyed for P1,500 one hectare of his future inheritance from his parents. 2. February 28, 1980: Upon the death of his father Matias, Lazaro made another affidavit to reaffirm the 1962 sale. 3. January 13, 1981: Lazaro acknowledged therein his receipt of P 10,000.00 as consideration for the sale. 4. February 1981: Ricardo learned that Lazaro sold the same property to his children (petitioners) through a deed of sale dated December 29, 1980 5. On June 7, 1982, Ricardo recorded the Deed of Sale in their favor in the Registry of Deeds Petitioners filed a complaint for rescission (plus damages) of the deeds of sale executed by Lazaro in favor of Ricardo. They contend that Lolo Matias desired that whatever inheritance Lazaro would receive from him should be given to his (Lazaro’s) children. Ricardo (private respondents) however presented in evidence a “Deed of Revocation of a Deed of Sale” wherein Lazaro revoked the sale in favor of his children for the reason that it was “simulated or fictitious - without any consideration whatsoever.” LAZARO’S VERSION: He executed a sworn statement in favor of his children. BUT he also testified that he sold the property to Ricardo, and that it was a lawyer who induced him to execute a deed of sale in

Tanedo vs CA

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Tanedo vs CA

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G.R. No. 104482January 22, 1996BELINDA TAREDO, for herself and in representation of her brothers and sisters, and TEOFILA CORPUZ TANEDO, representing her inor daughter VERNA TANEDO, petitioners!s. THE COURT OF APPEALS, SPOUSES RICARDO M. TAREDO AND TERESITA BARERA TAREDO, respondentsFACTS" 1. #$tober 20, 1962" %a&ardo 'a(edo e)e$uted a notari&ed deed of absolute salein fa!or of his eldest brother, Ri$ardo 'a(edo, and the latter*s +ife, 'eresita ,arera -pri!ate respondents. +hereby he $on!eyed for /1,000 one he$tare of his future inheritan$e fro his parents.2. 1ebruary 28, 1980" 2pon the death of his father 3atias, %a&aro ade another a4da!it to rea4r the 1962 sale.5. January 15, 1981" %a&aro a$6no+ledged therein his re$eipt of / 10,000.00 as $onsideration for the sale. 4. 1ebruary 1981" Ri$ardo learned that %a&aro sold the sae property to his $hildren -petitioners. through a deed of sale dated 7e$eber 29, 1980 0. #n June 8, 1982, Ri$ardo re$orded the 7eed of 9ale in their fa!or in the Registry of 7eeds/etitioners :led a $oplaint for res$ission -plus daages. of the deeds of sale e)e$uted by %a&aro in fa!or of Ri$ardo. 'hey $ontend that %olo 3atias desired that +hate!er inheritan$e %a&aro +ould re$ei!e fro hi should be gi!en to his -%a&aro*s. $hildren.Ri$ardo -pri!ate respondents. ho+e!er presented in e!iden$e a ;7eed of Re!o$ationof a 7eed of 9ale< +herein %a&aro re!o6ed the sale in fa!or of his $hildren for the reason that it +as ;siulated or :$titious = +ithout any $onsideration +hatsoe!er.?>R#*9 @AR9B#N" Ce e)e$uted a s+orn stateent in fa!or of his $hildren. ,2' he also testi:ed that he sold the property to Ri$ardo, and that it +as a la+yer +ho indu$ed hi to e)e$ute a deed of sale in fa!or of his $hildren after gi!ing hi :!e pesos -/0.00. to buy a ;drin6,#'rial $ourt ruled in fa!or of %a&aro*s $hildren. Da a4red 'D*s de$ision. ISSUES" 1.Bs the sale of a future inheritan$e !alidE N#2.Fas Ri$ardo*s registration of the deed of !alidE GA9HELD" 9D rules in fa!or of Ri$ardo./ursuant to >rt 1548, the $ontra$t ade in 1962 -sale of future inheritan$e. is not !alid and $annot be the sour$e of any right nor the $reator of any obligation bet+een the parties. -;No $ontra$t ay be entered into upon a future inheritan$e e)$ept in $ases e)pressly authori&ed by la+..Co+e!er, >rti$le 1044 go!erns the preferential rights of !endees in $ases of ultiple sales. 'he property in Huestion is land, an io!able, and o+nership shall belong to the buyer +ho in good faith registers it :rst in the registry of property. 'hus, although the deed of sale in fa!or of Ri$ardo +as later than the one in fa!or of%a&aro*s $hildren, o+nership +ould !est +ith Ri$ardo be$ause of the undisputed fa$tof registration. #n the other hand, petitioners ha!e not registered the sale to the at all.%a&aro*s $hildren $ontend that they +ere in possession of the property and that Ri$ardo ne!er too6 possession thereof. >s bet+een t+o pur$hasers, the one +ho registered the sale in his fa!or has a preferred right o!er the other +ho has not registered his title, e!en if the latter is in a$tual possession of the io!able property.FCARA1#RA, the petition is 7ANBA7 and the assailed 7e$ision of the Dourt of >ppeals is >11BR3A7.