148.

DALUCIO
MODINA v. CA
VOID CONTRACTS
PONENTE: PURISIMA, J.

FACTS:
The parcel of land under the name of Ramon Chiang is in questioned since Mr. Chiang
claims that the land has already been sold by his wife to him. Mr. Chiang in turn sells this
land to Modina which are all evidenced by deed of sale. Modina then filed Complaint for
Recovery of Possession with Damages before the Regional Trial Court of Iloilo City. On
the other hand, Merlinda, the wife of Ramon, presented also a complaint which is to make
the deed of sale between her husband and Modina null and void.

ISSUE:
WON the sale of the land to Modina is valid. 

RULING:
No. The sale of land between Ramon and Modina is null and void. Art. 1490 of the Civil
Code provides that: “The husband and the wife cannot sell property to each other,
except: (1) when a separation of property was agreed upon in the marriage settlements;
or (2) when there has been a judicial separation of property under Art. 191.”Merlinda is
still the owner of the said lot. Not being the owner of the land, Ramon Chiang cannot
sell the same to Modina. Hence the sale is void and inexistent. Petition is denied.

Under Article 1409 of the New Civil Code, enumerating void contracts, a contract
without consideration is one such void contract. One of the characteristics of a void or
inexistent contract is that it produces no effect. So also, inexistent contracts can be
invoked by any person whenever juridical effects founded thereon are asserted against
him. A transferor can recover the object of such contract by accion reivindicatoria and
any possessor may refuse to deliver it to the transferee, who cannot enforce the
transfer.