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Vda de Ape v CA

* Cleopas Ape died in 1950 and left a parcel of land (Lot 2319) to his 11 children. The children never formally
divided the property amongst themselves except through a hantal-hantal manner, whereby each just
occupied a certain portion and developed each.
* On the other hand, the spouses Lumayno were interested in the land so they started buying the portion of
land that each of the heirs occupied.
* On 11 Apr 1973, one of the children, Fortunato, entered into a contract of sale with Lumayno. In exchange of
his lot, Lumayno agreed to pay P5,000.00. She paid in advance P30.00. Fortunato was given a receipt prepared
by Lumaynos son in law (Andres Flores). Flores also acted as witness. * Lumayno also executed sales
transactions with Fortunatos siblings separately.
* In 1973, Lumayno compelled Fortunato to make the delivery to her of the registrable deed of sale over
Fortunato's portion of the Lot No. 2319.
* Fortunato assailed the validity of the contract of sale. He also invoked his right to redeem (as a co-owner) the
portions of land sold by his siblings to Lumayno. Fortunato died during the pendency of the case.

ISSUE: WON there was a valid contract of sale? NO

No. Fortunato was a no read, no write person. It was incumbent for the other party to prove that details of
the contract were fully explained to Fortunato before Fortunato signed the receipt.

A contract of sale is a consensual contract, thus, it is perfected by mere consent of the parties. It is born from
the moment there is a meeting of minds upon the thing which is the object of the sale and upon the price.
Upon its perfection, the parties may reciprocally demand performance, that is, the vendee may compel the
transfer of the ownership and to deliver the object of the sale while the vendor may demand the vendee to
pay the thing sold. For there to be a perfected contract of sale, however, the following elements must be
1. consent,
2. object, and
3. price in money or its equivalent.

For consent to be valid, it must meet the following requisites:

(a) it should be intelligent, or with an exact notion of the matter to which it refers;
(b) it should be free and
(c) it should be spontaneous.

Intelligence in consent is vitiated by error; freedom by violence, intimidation or undue influence; spontaneity
by fraud. Lumayno claimed that she explained fully the receipt to Fortunato, but Flores testimony belies it.

As can be gleaned from Flores's testimony, while he was very much aware of Fortunato's inability to read and
write in the English language, he did not bother to fully explain to the latter the substance of the receipt
(Exhibit "G"). He even dismissed the idea of asking somebody else to assist Fortunato considering that a
measly sum of thirty pesos was involved. Evidently, it did not occur to Flores that the document he himself
prepared pertains to the transfer altogether of Fortunato's property to his mother-in-law. It is precisely in
situations such as this when the wisdom of Article 1332 of the Civil Code readily becomes apparent which is
"to protect a party to a contract disadvantaged by illiteracy, ignorance, mental weakness or some other

In sum, we hold that petitioner is no longer entitled to the right of redemption under Article 1632 of the Civil
Code as Lot No. 2319 had long been partitioned among its co-owners. This Court likewise annuls the contract
of sale between Fortunato and private respondent on the ground of vitiated consent.