8/13/2019 1448, 1452-56_compania General de Tabaccos vs Topino

1/2

COMPAA GENERAL DE TABACOS VS. MIGUEL TOPIO, ET. ALG.R. No. 1244. April 22, 194

Ar!i"l#$ 144%, 14&2'14&(

FACTS: Doroteo Faustino and fifty-nine others denounced sixty separate parcels of land in the

Province of Isabela and each were ranted a riht to the several pieces of land! A title deed to apiece of public land situated at "abantad# within the town of Cauayan# in the Province of Isabela

de $u%on# was issued in favor of Doroteo Faustino# by decree of the &eneral 'ffice of the

Treasury! Faustino areed to sell the land to Antonio Pascual Casal# the receipt of which heac(nowledes! Faustino waives the acceptation of the )oney not paid in cash# and the two years

which the law prescribes for the exercise of such action! In conse*uence he rants and conveys

to Casal the ownership# rihts# and actions which he has or )ay have to the said land# authori%in

hi) to ta(e possession thereof# and disposin of it at his will# as of a thin lawfully ac*uired# towhich end he now delivers hi) the title deeds# effectin the sy)bolic delivery of the said land#

which he declares to be free of all encu)brance# bindin hi)self to warrant and defend the sa)e

at all ti)es! Antonio Pascual Casal entered into a contract to sell all of the said parcels of land to

the plaintiff# but before the contract was finally executed he died! +y his will ,ose Clavet wasappointed as Casals executor! The defendants did not present any title deeds in the reister of

property# only the owner of the recorded property is the one who appears as such on the boo(s ofthe reister until the record is cancelled by final .ud)ent!

ISS/0: 1'2 an action for the annul)ent of contracts can be )aintained by the defendants3

40$D: 2o!

5/$I2&: /nder the provisions of Article 6789 of the Civil Code# the action for the annul)entof contracts can only be )aintained by those who are bound# either principally or subsidiarily# by

virtue thereof! The defendants not bein persons bound either principally or subsidiarily byvirtue of that contract of sale between the Spanish &overn)ent and those oriinal rantees theycannot )aintain the action of nullity of which they see( to avail the)selves as a defense in this

suit! And it is loical that it should be so! The nullity of an obliation bein declared# the

contractin parties )ust reciprocally restore the thins which have been the ob.ect of thecontract! Art! 6787!; If the nullity of the title deeds referred to should be declared in confor)ity

with the contention of the defendants# the lands should be restored to the Spanish &overn)ent

and the price paid for the) should be restored by that &overn)ent to the oriinal rantees or

their successors! It would follow that the lands in *uestion could not re)ain in the possession ofthe defendants# because they would have to be restored to the vendor# nor could the latter be

co)pelled to restore the price!

There is no reason for orderin the cancellation of the inscription unless this relief is prayed for

and proof is )ade of a better riht on the part of so)e other person who clai)s to be the lawful

owner or possessor! In this case there has been no de)and for the cancellation of the inscriptionin the reistry of the hacienda of San $uis y $a Concepcia &eneral de

Tabacos! It has been alleed that the inscription is defective# but no person entitled to )aintain

an action for the purpose has instituted proceedins for the cancellation of that inscription! As

lon as the inscription subsists it )ust produce all its effects! To allee the nullity of the oriinal

8/13/2019 1448, 1452-56_compania General de Tabaccos vs Topino

2/2

title deeds executed by the Spanish &overn)ent in favor of the oriinal rantees of the lands in

*uestion is to allee the nullity of the contract entered into between the Spanish &overn)ent as

rantor and the) as vendees# for the titles are si)ply evidenciary of the sale for a certainconsideration of a specific thin!