SPOUSES BUENAVENTURA ET AL. VS HON.

COURT OF APPEALS ET AL
G.R. NO. 126376, 30 November 2003, FIRST DIVISION (Carpio, J.)

FACTS:

Spouses Leonardo and Feliciana Joaquin are parents of the plaintiffs Consolacion, Nora,
Emma and Natividad as well as of the defendants Fidel, Tomas, Artemio, Clarita, Felecitas, Fe
and Gavino all surnamed Joaquin. The married Joaquin children are joined by their spouses in
this action.

The Joaquin parents sold 6 parcels of land to 6 of their 11 children. The plaintiffs seek to
declare the deeds of sale of real property executed by Leonardo and Faliciana Joaquin to be null
and void ab initio alleging that there was no valid consideration for the sale and the sale was a
deliberate conspiracy to unjustly deprive the rest of the compulsory heirs of their legitime.

The trial court dismissed the case and the CA affirmed the lower courts decision.

ISSUE: Whether or not the Deeds of Sale are void.

HELD:

No. The Deeds of Sale are valid. Payment of the price goes into the performance of the
contract. Failure to pay the consideration is different from lack of consideration. The former
results in a right to demand the fulfilment or cancellation of the obligation under an existing or
valid contract while the latter prevents the existence of a valid contract.

Petitioners do not have any legal interest in the properties subject of the Deed of Sale.
Their right to their parents properties is merely an inchoate and vests only upon their parents
death. While still living, the parents of the petitioners are free to dispose of their properties.

Wherefore, we AFFIRM the decision of the Court of Appeals in toto.