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, APOLINARIO,
RAYMUND, MARIA VICTORIA, MARIA ROSARIO and MARIA LOURDES, all surnamed SUNTAY,
petitioners, vs. THE HON. COURT OF APPEALS and FEDERICO C. SUNTAY, respondents.
G.R. No. 114950 December 19, 1995
Facts:
Held: Yes.
The Court held that the deed of sale was simulated and thus null and void. The sale that was
made was never intended to have a binding and legal effect between them. The Court
considered the history, relationship of trust, intimacy, and interdependence between the
parties, which would point out an unmistakable token of simulation. There was also the case
that the sale and repurchase was closely executed at exactly the same price. In addition, the
amount in consideration was grossly inadequate given the location and value of the property .
It also considered that Federico was liquid enough to pay Rafael for his legal fees that he doesn’t need
to transfer an income-producing property. Also, Raphael did not take exclusive possession of the
property as alleged and did not declare it as part of his assets in his statement of assets and
liabilities.