Francisco v.

Francisco-Alfonso

243 SCRA 112

Facts:

Aida Francisco-Alfonso the respondent is a legitimate daughter of

Gregorio Francisco. On the other hand Regina and Zenaida are
petitioners, they are the illegitimate children.

While Gregorio was at the hospital he told Aida that the Certificate Title
of his sole property is with the care of the petitioners. When she
confronted the two, they said, that the said property was sold to them
by their father at the amount of twenty five thousand pesos. Upon
hearing, Aida filed a complaint for the annulment of sale.

Issues:

Whether or not the sale is valid?

Held:

No. There was no cause or consideration for the sale making it null
and void. The court ruled that it is incredible for a buy and sell business
of ready-to-wear clothes could raise ten thousand and could save
enough to pay fifteen thousand for the land. Their testimonies were
incredible due to their inconsistent statements as to whether the
property was brought below according to its price or with its
supposedly market value, in addition to that they do not have a witness
during the sale.