CRUZ v.

BANCOM
WHO MAY BRING ACTION FOR DECLARATION OF NULLITY

G.R. No. 147788. March 19, 2002

FACTS: Plaintiffs Rev. Fr. Edilberto Cruz and his brother Simplicio Cruz, were the registered owners of a parcel
of agricultural land together with improvements.

Defendant Norma Sulit, after being introduced by Candelaria Sanchez to Fr. Cruz, offered to purchase the land.
Plaintiffs’ asking price for the land was P700,000.00, but Norma only had P25,000.00 which Fr. Cruz accepted
as earnest money with the agreement that titles would be transferred to Norma upon payment of the balance
of P675,000.00. Norma succeeded in having the plaintiffs execute a document of sale of the land in favor of
Candelaria who planned to obtain a bank loan in her name using the plaintiffs’ land as collateral.

On account of Norma’s failure to pay the amount stipulated in the Special Agreement and her subsequent
disappearance from her usual address, plaintiffs were prompted to file a complaint to recover the property.

ISSUE: Whether or not the Contracts of Sale and Mortgage are void

RULING: Clearly, the Deeds of Sale were executed merely to facilitate the use of the property as collateral to
secure a loan from a bank. Being merely a subterfuge, these agreements could not have been the source of any
consideration for the supposed sales. Indeed, the execution of the two documents on the same day sustains the
position of petitioners that the Contracts of Sale were absolutely simulated, and that they received no
consideration therefor.

The failure of Sulit to take possession of the property purportedly sold to her was a clear badge of simulation
that rendered the whole transaction void and without force and effect, pursuant to the Civil Code. The fact that
she was able to secure a Certificate of Title to the subject property in her name did not vest her with ownership
over it. A simulated deed of sale has no legal effect; consequently any transfer certificate of title Issued in
consequence thereof should be cancelled. A simulated contract is not a recognized mode of acquiring
ownership.