G.R. No. 160748 - SPOUSES ANTONIO AND LUCY VERA CRUZ, VS. LUCY CALDERON.

Ruling

Accordingly, Transfer Certificate of Title No. 10744 was issued in the name of Avelino Belizario, Jr., married to Lucy Calderon. The spouses separated in 1981 and Lucy resided with her children in Garcia Subdivision, San Antonio, Biñan, Laguna. On June 3, 1986, Avelino sold the subject property to petitioner spouses Antonio and Lucy Vera Cruz. [5] The Vera Cruz spouses registered the sale on July 30, 1986 and TCT No. T-143101 was issued in their name. [6] When Avelino died on November 20, 1993, his wife, respondent Lucy Calderon, discovered that their conjugal property had been sold by her husband without her knowledge and consent and that her signature on the Deed of Sale had been forged. Hence, she filed a complaint against the Vera Cruz spouses for annulment of Deed of Absolute Sale and TCT No. T-143101 with the Regional Trial Court of San Pedro, Laguna, Branch 31, which case was docketed as Civil Case No. B-4488. In their answer, petitioner spouses assert that they purchased the property in good faith and for value. In 1984, Avelino offered to lease the land to Antonios brother, Joselito Vera Cruz. [7] The latter, as manager of the store and vice-president of VeraCruz, Inc., entered into a verbal lease agreement with Avelino for a period of two (2) years. [8] In May 1986, at about the time the lease expired, Avelino and Joselito visited petitioners in Marikina. Avelino offered to sell the land to them. [9] He showed them the owners duplicate title of the property as well as the Deed of Sale executed by Margarita Arguelles, which were both in his name. Thus, petitioners were convinced that the lot was Avelinos exclusive property. [10] This notwithstanding, they asked Avelino to bring his wife during the execution of the deed of sale. [11] On June 3, 1986, Joselito and petitioner spouses, along with Avelino and a woman, whom he introduced as his wife, Lucy Calderon, met and executed the deed of sale before Notary Public Atty. Democlito J. Angeles. [12] Thereafter, petitioners filed the Deed of Sale with the Registry of Deeds of Laguna. After trial, the trial court rendered a Decision in favor of respondent Lucy Calderon, [13] the dispositive portion of which states: WHEREFORE, judgment is hereby rendered in favor of the plaintiff and against defendants: declaring null and void the Deed of Absolute Sale dated June 3, 1986 (Exhibits D and 4) as null and void (sic) insofar as the share of plaintiff on the lot in litigation is concerned; ordering the Register of Deeds of Laguna, Calamba Branch to cancel TCT No. T-14101 (Exhibits B and 5) in the name of defendants Antonio Vera Cruz and Lucy Vera Cruz and issue a new one in lieu thereof in the names of the said defendant spouses over the ½ undivided share and in the name of plaintiff over the other half of the subject lot; and ordering the defendant spouses to pay plaintiff P20,000 for and as attorneys fees. Costs against the defendants. SO ORDERED.