DISPOSITIVE:

WHEREFORE, the Petition for Review on Certiorari is DENIED. The September 30, 2013 Decision and June 2, 2014 Resolution of the Court of Appeals in CA-G.R. CV No. 98861 are AFFIRMED.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

A DEED OF DONATION OVER A PARCEL OF LAND APPEARS TO HAVE BEEN EXECUTED. BUT ONE OF THE SIGNATORIES WAS DEAD 36 YEARS EALIER. THE DEED OF DONATION WAS THEREFORE VOID.

Here, respondents successfully refuted said presumption of regularity. Rodriguez, the notary public, testified that all the parties personally appeared before him when the Deed of Donation was notarized. Interestingly, Eufrosina, the wife of Valentin and one of the signatories in the Deed, died in 1958, or 36 years before the Deed of Donation was executed. It is worthy to note that Isidro, one of the petitioners, admitted his mother’s demise during the trial.

Thus, Eufrosina could not have personally appeared before the notary public unless by some miracle she had risen from her grave to sign the Deed of Donation. The only plausible conclusion is that another person stood in her place, and that the notary public did not duly ascertain if the person who signed the Deed of Donation was actually Eufrosina.

WHAT HAPPENED NOW TO THE VOID DEED OF DONATION?

IT IS SUBJECT TO ATTACK AT ANY TIME. AN ACTION TO DECLARE THE EXISTENCE OF A VOID CONTRACT DOES NOT PRESCRIBE.

The Deed of Donation is an absolute nullity hence it is subject to attack at any time. Its defect, i. e., the absence of consent of respondents, is permanent and incurable by ratification or prescription.67 In other words, the action is imprescriptible. This is in accord with Article 1410 of the Civil Code which states that an action to declare the inexistence of a void contract does not prescribe.68

WHAT HAPPENED NOW TO THE LAND, SUBJECT OF THE DEED OF DONATION.

THE LAND IS HELD BY PETITIONERS IN TRUST FOR RESPONDENTS WHO ARE THE REAL OWNERS. RESPONDENTS CAN INSTITUTE A CASE AGAINST PETITIONERS FOR RECONVEYANCE OF THE PROPERTY ANYTIME.

Since the Deed of Donation is void ab initio due to the illegality in its execution, the disputed land is deemed to be simply held by petitioners in trust for respondents who are the real owners.69 Respondents therefore have the right to institute a case against petitioners for the reconveyance of the property at any time. 70 The well-settled rule is that “[a]s long as the land wrongfully registered under the Torrens system is still in the name of the person who caused such registration, an action in p ersonam will lie to compel him to reconvey the property to the real owner. ” 71

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