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Bagnas v.

CA
Facts: Mateum of Kawit Cavite died without ascendants or descendants
and were survived only by collateral relatives or of the petitioners in this
case. He owned 29 parcels of land and ten of those were the subject of
the instant case. It happened that private respondents Rosa Retonil, et.al
registered with the registry of deeds, two deeds of sale allegedly
executed by Mateum covering ten parcels of land in their favor for a
consideration of p1.00 each. The petitioners asserted that the said
properties were continuously in the possession of the deceased until the
time of his death and that he remained the owner of the said lots and that
tax payments continued to be in his name. Petitioners filed a case against
respondents seeking annulment of the deeds of sale as they were
fictitious or falsified.
The defendants denied the accusations that the deed was said to be
fictitious, that the sale were made for good and valuable consideration.
Issue: w/n the sale is void for lack of consideration
Held: yes, the sale is void for lack of consideration. The Court finds that
both deeds of sale void ab initio. There was indeed an apparent gross
and disproportionate consideration between the stipulated price of 1.00
and the valuable real estate price of at least 10,500 as per the
assessments for tax purposes.

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