Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1914 > March 1914 Decisions > G.R. No. 6960 March 23, 1914 - VICENTE GUASH v. JUANA ESPIRITU

027 Phil 278:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 6960. March 23, 1914. ]

VICENTE GUASH, Plaintiff-Appellee, v. JUANA ESPIRITU, Defendant-Appellant.

Vicenter Foz for Appellant.

C. W. Ney for Appellee.

SYLLABUS


1. EXECUTORS AND ADMINISTRATORS; ACTION TO SET ASIDE A DEED OF SALE. — The finding in the opinion filed in this court in the case of Guash v. Espiritu (11 Phil. Rep., 184), that "there was a failure to prove fraud, vitiating the sale, the defendant having established the payment of an apparently good consideration for the transfer" is res adjudicata in subsequent action between the same parties.


D E C I S I O N


CARSON, J. :


This action was instituted under the provisions of section 712 of the Code of Civil Procedure, by the plaintiff, as administrator of the estate of Jose Jimenez y Mijares, deceased, to set aside a deed of sale of certain personal property described in the complaint. The complaint alleges that the estate of which plaintiff is administrator is insolvent; that the property in question is claimed by the defendant by virtue of an alleged sale made to her by plaintiff’s intestate of February 19, 1906; and that the deed of sale was executed without any consideration in fraud of the vendor’s creditors, one of whom, the wife of the deceased, had obtained judgment against him for support, prior to the date of the alleged sale. Judgment was rendered in the court below in favor of the plaintiff, the trial judge being of opinion that "the document of sale was only made out for the purpose of attempting to conceal the ownership of the property, to make it impossible for the wife of the deceased to collect the judgment she had obtained against him, and that no consideration was ever given by the defendant for the bill of sale, and that she never became the owner of the property."cralaw virtua1aw library

This action is in all respects identical with a former action between the same parties, except that in the present action it is alleged and proven that the estate of which plaintiff is administrator is insolvent, while in the former action that fact was not alleged in the complaint nor proven at the trial. In the former action judgment was rendered in favor of the plaintiff by the trial judge on substantially the same grounds upon which a like judgment is rendered in this case, but upon appeal to this court, the judgment was reversed, on the ground that "there was to prove fraud, vitiating the sale, the defendant having established the payment of an apparently good consideration for the transfer;" and on the further ground that even if the court were precluded from examining the transcript of the evidence and reversing the findings of fact by the trial judge because of certain technical defects touching its certification, nevertheless the facts disclosed by an examination of the pleadings and the findings of the trial judge were not sufficient to sustain his judgment, it not appearing therefrom that the "plaintiff had no other remedy, or that there was a deficiency of assets," without proof of which the action could not be maintained. (Guash v. Espiritu, 11 Phil. Rep., 184.)

At the trial of the case at bar, wherein the parties appear to have relied on the same evidence as in the former case, except as to the new allegations of insolvency, a plea of res adjudicata was submitted by the defendant, and as we think, improperly overruled by the court below.

The trial judge in his opinion says:jgc:chanrobles.com.ph

"It appears to me from the decision rendered in the former action by the Supreme Court that all question with regard to the transfer of this property has been definitely settled, and yet it may be inferred from a portion of the decision that the transfer was in fraud of creditors, but that the plaintiff could not recover for the reason that he had not shown the estate which he was administering to be insolvent: and thus considering the matter I conclude that the plaintiff, as administrator of the estate of Jose Jimenez y Mijares, deceased, is entitled to the proceeds arising from the sale of the property, made by order of the court, for the reason that the attempted sale as in fraud of creditors and that no sale had ever really been accomplished, but that the property in question belonged to the estate of the deceased."cralaw virtua1aw library

We agree with the trial judge that "all question with regard to the transfer of this property has been definitely settle" by the former decision of this court, but we do not agree with him that any inference which may fairly be drawn from the reasoning of the opinion in that case sustains his action in reopening the question thus settled.

The judgment in the former case was based on two separate grounds. First, the "failure to prove fraud vitiating the sale, the defendant having established the payment of an apparently good consideration;" second, that even if the court conceded (which it did not) a contention that it was precluded from the examination an review of the testimony, the judgment could not be sustained for lack of allegations in the pleadings or findings of facts as to a deficiency in assets, and the lack of another remedy. But an examination of the opinion clearly discloses that the court squarely held that the evidence of record "failed to prove fraud vitiating the sale," and that holding is manifestly conclusive of the present case, wherein, upon the identical record of the evidence taken in the former case, the trial judge finds the existence of fraud vitiating the sale.

It is true that in the former case the court pointed out that even had the plaintiff made a showing of fraud he could not have recovered in that action for lack of proof that there was not other legal recourse, but nothing that was said in this connection can be construed as reserving a right in the plaintiff to institute a new action wherein he would be permitted to allege and prove that fact. On the contrary, the discussion developed, at is conclusion, a reiteration of the holding set forth at the opening of the opinion, to the effect that "there was a failure to prove fraud, vitiating the sale, the defendant having established the payment of an apparently good consideration for the transfer."cralaw virtua1aw library

Let judgment be entered reversing the judgment entered in the court below, and dismissing the complaint filed in this action without day, without special condemnation of costs in this instance.

Arellano, C.J., Moreland, Trent and Araullo, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





March-1914 Jurisprudence                 

  • G.R. No. 9267 March 2, 1914 - UNITED STATES v. GERVASIO GUMARANG ET AL.,

    027 Phil 1

  • G.R. No. 9291 March 2, 1914 - UNITED STATES v. CAMILA CUNANAN

    027 Phil 6

  • G.R. No. 8254 March 3, 1914 - MARIANO GONZAGA ET AL. v. FELISA GARCIA ET AL.

    027 Phil 7

  • G.R. No. 8913 March 3, 1914 - NELLIE LOUISE COOK v. J. MCMICKING

    027 Phil 10

  • G.R. No. 9201 March 3, 1914 - UNITED STATES v. PABLO SUAN

    027 Phil 12

  • G.R. No. 8223 March 4, 1914 - UNITED STATES v. EVARISTO PAINAGA

    027 Phil 18

  • G.R. No. 7657 March 6, 1914 - AMBROSIO TIEMPO v. VIUDA E HIJOS DE PLACIDO REYES

    027 Phil 33

  • G.R. No. 8429-27 March 7, 1914 - CITY OF MANILA v. EVARISTO BATLLE ET AL.

    027 Phil 34

  • G.R. No. 8662 March 7, 1914 - UNITED STATES v. HERMOGENES BESUÑA

    027 Phil 39

  • G.R. No. 8699 March 7, 1914 - LA COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. SHERIFF OF OCCIDENTAL NEGROS

    027 Phil 41

  • G.R. No. 8983 March 7, 1914 - UNITED STATES v. EULOGIO EDPALINA

    027 Phil 43

  • G.R. No. 9066 March 7, 1914 - UNITED STATES v. ANASTASIO HUDIERES

    027 Phil 45

  • G.R. No. 7946 March 9, 1914 - CITY OF MANILA v. SATURNINA RIZAL

    027 Phil 50

  • G.R. No. 8227 March 9, 1914 - ANTONIO M. JIMENEZ v. FIDEL REYES

    027 Phil 52

  • G.R. No. 8325 March 10, 1914 - C. B. WILLIAMS v. TEODORO R. YANGCO

    027 Phil 68

  • G.R. No. 8927 March 10, 1914 - ASUNCION NABLE JOSE ET AL. v. MARIA IGNACIA USON ET AT.

    027 Phil 73

  • G.R. No. 9147 March 10, 1914 - UNITED STATES v. PERFECTO LAMADRID ET AL.

    027 Phil 76

  • G.R. No. 8603 March 13, 1914 - SEVERINO CORNISTA v. SEVERA TICSON

    027 Phil 80

  • G.R. No. 8984 March 13, 1914 - UNITED STATES v. JUAN LABIAL

    027 Phil 82

  • G.R. Nos. 9471 & 9472 March 13, 1914 - UNITED STATES v. EVARISTO VAQUILAR

    027 Phil 88

  • G.R. No. 8748 March 14, 1914 - UNITED STATES v. SANTOS P. PALMA

    027 Phil 94

  • G.R. No. 8931 March 14, 1914 - UNITED STATES v. JUAN MARQUI

    027 Phil 97

  • G.R. No. 8971 March 14, 1914 - UNITED STATES v. CIRILO BAUA

    027 Phil 103

  • G.R. No. 9006 March 14, 1914 - JOSE ANTONIO GASCON ENRIQUEZ v. A.D. GIBBS

    027 Phil 110

  • G.R. No. 9059 March 14, 1914 - UNITED STATES v. BUENAVENTURA SARMIENTO

    027 Phil 121

  • G.R. No. 9099 March 14, 1914 - J. MCMICKING v. SPRUNGLI & CO. ET AL.

    027 Phil 125

  • G.R. No. 9169 March 14, 1914 - UNITED STATES v. PANTELEON MARIANO ET AL.

    027 Phil 132

  • G.R. No. 9348 March 14, 1914 - UNITED STATES v. ELEUTERO MANTE

    027 Phil 134

  • G.R. No. 7352 March 15, 1914 - CATALINO HILLARO v. LA CONGREGACION DE SAN VICENTE DE PAUL

    027 Phil 593

  • G.R. No. 8140 March 16, 1914 - FORTUNATO GASPAR v. ANACLETO QUINADARA

    027 Phil 139

  • G.R. No. 8851 March 16, 1914 - AGAPITO BONZON v. STANDARD OIL CO. OF NEW YORK ET AL.,

    027 Phil 141

  • G.R. No. 8200 March 17, 1914 - LEONARDO LUCIDO v. GELASIO CALUPITAN ET AL.

    027 Phil 148

  • Special proceeding March 17, 1914 - IN RE: EUGENIO DE LARA

    027 Phil 176

  • G.R. No. 7333 March 18, 1914 - DEMETRIO ARCENAS v. ESTANISLAO LASERNA

    027 Phil 599

  • G.R. No. 7790 March 19, 1914 - EL BANCO ESPANOL-FILIPINO v. MCKAY & ZOELLER

    027 Phil 183

  • G.R. No. 8235 March 19, 1914 - ISIDORO SANTOS v. LEANDRA MANARANG

    027 Phil 209

  • G.R. No. 8414 March 19,1914

    ROMAN CATHOLIC ARCHIBISHOP OF MANILA v. DIRECTOR OF LANDS

    027 Phil 245

  • G.R. No. 8998 March 19, 1914 - JOSE FLORENDO v. EUSTAQUIO P. FOZ

    027 Phil 249

  • G.R. No. 9307 March 19, 1914 - UNITED STATES v. FRANCISCO GARCIA ET AL.

    027 Phil 254

  • G.R. No. 9098 March 20, 1914 - JOSE M. GONZALEZ v. PERCY M. MOIR

    027 Phil 256

  • Special proceeding March 21, 1914 - IN RE: LUICIANO DE LA ROSA

    027 Phil 258

  • G.R. No. 8937 March 21, 1914 - ALHAMBRA CIGAR AND CIGARETTE MANUFACTURING. CO. v. PEDRO N. MOJICA

    027 Phil 266

  • G.R. No. 9302 March 21, 1914 - UNITED STATES v. AGATON DUNGCA

    027 Phil 274

  • G.R. No. 6960 March 23, 1914 - VICENTE GUASH v. JUANA ESPIRITU

    027 Phil 278

  • G.R. No. 7909 March 24, 1914 - GUTIERREZ HERMANOS v. ISABEL RAMIREZ

    027 Phil 281

  • G.R. No. 8385 March 24, 1914 - LUCIO ALGARRA v. SIXTO SANDEJAS

    027 Phil 284

  • G.R. No. 8314 March 25, 1914 - M. A. CLARKE v. MANILA CANDY COMPANY

    027 Phil 310

  • G.R. No. 8461 March 25, 1914 - RAMON MEDINA ONG-QUINGCO v. CECILIO IMAZ

    027 Phil 314

  • G.R. No. 9124 March 25, 1914 - PIO MERCADO v. MARIA TAN-LINGCO

    027 Phil 319

  • Special Proceeding March 25, 1914 - IN RE: EMILIANO TRIA TIRONA

    027 Phil 323



  • G.R. No. 7721 March 25, 1914 - INCHAUSTI & CO. v. GREGORIO YULO

    034 Phil 978


  • G.R. No. 7420 March 25, 1914 - NAZARIO CABALLO ET AL. v. CIPRIANO DANDOY ET. AL.

    027 Phil 606

  • G.R. No. 7762 March 25, 1914 - BEHN v. JOSE MCMICKING

    027 Phil 612

  • G.R. No. 7593 March 27, 1914 - UNITED STATES v. JOSE M. IGPUARA

    027 Phil 619

  • G.R. No. 7647 March 27, 1914 - DOMINGO CALUYA v. LUCIA DOMINGO

    027 Phil 330

  • G.R. No. 7670 March 28, 1914 - CARMEN AYALA DE ROXAS v. CITY OF MANILA

    027 Phil 336

  • G.R. No. 8051 March 28, 1914 - UNITED STATES v. VICENTE MADRIGAL ET AL.

    027 Phil 347

  • G.R. No. 9010 March 28, 1914 - J. H. CHAPMAN v. JAMES M. UNDERWOOD

    027 Phil 374

  • G.R. Nos. 9619 & 9620 March 28, 1914 - NGO YAO TIT EL AL. v. SHERIFF OF THE CITY OF MANILA

    027 Phil 378

  • G.R. No. 7270 March 29, 1914 - GREGORIO JIMENEZ ET AL. v. PASCUALA LOZADA ET AL.

    027 Phil 624

  • G.R. No. 7287 & 7288 March 29, 1914 - PEDRO MONTIERO v. VIRGINIA SALGADO Y ACUÑA

    027 Phil 631

  • G.R. No. 7896 March 30, 1914 - JOSE MCMICKING v. CRISANTO LICHAUGO ET AL.

    027 Phil 386

  • G.R. No. 8313 March 30, 1914 - JOSE MA. Y. DE ALDECOA v. JOSE FORTIS ET AL.

    027 Phil 392

  • G.R. No. 8362 March 30, 1914 - JOSE PEREZ PASTOR v. PEDRO NOEL ET AL.

    027 Phil 393

  • G.R. No. 8375 March 30, 1914 - INTERISLAND EXPRESS CO. v. INSULAR COLLECTOR OF CUSTOMS

    027 Phil 396

  • G.R. No. 8478 March 30, 1914 - LUIS ESPERANZA v. ANDREA CATINDING

    027 Phil 397

  • G.R. No. 8527 March 30, 1914 - WEST COAST LIFE INSURANCE CO. v. GEO. N. HURD

    027 Phil 401

  • G.R. No. 8579 March 30, 1914 - UNITED STATES v. RUPERTO T. SANTIAGO

    027 Phil 408

  • G.R. No. 8654 March 30, 1914 - EUGENIO RESOLME ET AL. v. ROMAN LAZO

    027 Phil 416

  • G.R. No. 8689 March 30, 1914 - LIBRADO MANAS ET AL. v. MARIA RAFAEL

    027 Phil 419

  • G.R. No. 8781 March 30, 1914 - UNITED STATES v. ANTONIO JAVIER DICHAO

    027 Phil 421

  • G.R. No. 8785 March 30, 1914 - UY ALOC ET AL. v. CHO JAN LING ET AL.

    027 Phil 427

  • G.R. No. 9178 March 30, 1914 - UNITED STATES v. FELIPE LASTIMOSA

    027 Phil 432

  • G.R. No. 9217 March 30, 1914 - UNITED STATES v. GREGORIO MARTINEZ

    027 Phil 439

  • G.R. No. 9294 March 30, 1914 - UNITED STATES v. EULOGIO SANCHEZ

    027 Phil 442

  • G.R. No. 9329 March 30, 1914 - UNITED STATES v. SATURNINO AGUAS

    027 Phil 446

  • G.R. No. 9397 March 30, 1914 - UNITED STATES v. JOSE VAYSON

    027 Phil 447