Complete Kasilag Vs Roque Et Al

KASILAG VS ROQUE ET AL GR NO.
46623 DECEMBER
7. 1939, EN BANC
Case Digest of Kasilag vs. Rodriguez
KASILAG V. RODRIGUEZ [ 69 P 217]
Facts: Responds, Rafaela Rodriguez, et al., children and heirs of the deceased
Emiliana Ambrosio, commenced a civil case to recover from the petitioner the
possession of the land and its improvements granted by way of homestead to
Emiliana Ambrosio (EA).
The parties entered into a contract of mortgage of the improvements on the land
acquired as homestead to secure the payment of the indebtedness for P1,000 plus
interest. In clause V, the parties stipulated that EA was to pay, w/in 4 1/2 yrs, the
debt w/ interest thereon, in w/c event the mortgage would not have any effect; in
clause VI, the parties agreed that the tax on the land and its improvements, during
the existence of the mortgage, should be paid by the owner of the land; in clause
VII, it was covenanted that w/in 30 days from the date of the contract, the owner of
the land would file a motion in the CFI of Bataan asking that cert. of title no. 325 be
cancelled and that in lieu thereof another be issued under the provisions of RA 496;
in clause VIII the parties agreed that should EA fail to redeem the mortgage w/in the
stipulated period of 4 1/2 yrs, she would execute an absolute deed of sale of the
land in favor of the mortgagee, the petitioner, for the same amount of the loan
including unpaid interest; and in clause IX it was stipulated that in case the motion
to be presented under clause VII should be disapproved by the CFI-Bataan, the
contract of sale of sale would automatically become void and the mortgage would
subsist in all its force.
One year after the execution of the mortgage deed, it came to pass that EA was
unable to pay the stipulated interest as well as the tax on the land and its
improvements. For this reason, she and the petitioner entered into another verbal
contract whereby she conveyed to the latter the possession of the land on condition
that the latter would not collect the interest on the loan, would attend to the
payment of the land tax, would benefit by the fruits of the land, and would
introduce improvements thereon.
HELD: The possession by the petitioner and his receipts of the fruits of the land,
considered as integral elements of the contract of antichresis, are illegal and void
agreements, bec. the such contract is a lien and as such is expressly prohibited by
Sec 116 of Act No. 2874, as amended. The CA held that petitioner acted In BF in
taking possession of the land bec. he knew that the contract he made w/ EA was an
absolute sale, and further, that the latter could not sell the land bec. it is prohibited
by Sec. 116 of Act 2874.
xxx [A] person is deemed a possessor in BF when he knows that there is a flaw in
his title or in the manner of its acquisition, by w/c it is invalidated.
The question to be answered is w/n the petitioner should be deemed a possessor in

GF bec. he was unaware of any flaw in his title or in the manner of its acquisition by
w/c it is invalidated. Ignorance of the flaw is the keynote of the rule. From the facts
as found by the CA, we can neither deduce nor presume that the petitioner was
aware of a flaw in his title or in the manner of its acquisition, aside from the
prohibition contained in Sec. 116. This being the case, the question is w/n GF may
be premised upon ignorance of the laws.
Gross and inexcusable ignorance of the law may not be the basis of GF but
excusable ignorance may be such basis (if it is based upon ignorance of a fact.) It is
a fact that the petitioner is not conversant w/ the laws bec. he is not a lawyer. In
accepting the mortgage of the improvements he proceeded on the well-grounded
belief that he was not violating the prohibition regarding the alienation of the land.
In taking possession thereof and in consenting to receive its fruits, he did not know,
as clearly as a jurist does, that the possession and enjoyment of the fruits are
attributes of the contract of antichresis and that the latter, as a lien, was prohibited
by Sec. 116. Thus, as to the petitioner, his ignorance of the provisions of sec. 116 is
excusable and may be the basis of GF.
The petitioners being in GF, the respondents may elect to have the improvements
introduced by the petitioner by paying the latter the value thereof, P3,000, or to
compel the petitioner to buy and have the land where the improvements or plants
are found, by paying them its market value to be fixed by the court of origin, upon
hearing the parties.
VERSION 2
PROCEDURAL FACTS: This is an appeal taken by the defendant-petitioner from the

decision of the Court of Appeals which modified that rendered by the court of First
Instance of Bataan. The said court held: that the contract is entirely null and void
and without effect; that the plaintiffs-respondents, then appellants, are the owners
of the disputed land, with its improvements, in common ownership with their
brother Gavino Rodriguez, hence, they are entitled to the possession thereof; that
the defendant-petitioner should yield possession of the land in their favor, with all
the improvements thereon and free from any lien
SUBSTANTIVE FACTS: The parties entered into a contract of loan to which has an
accompanying accessory contract of mortgage. The executed accessory contract
involved the improvements on a piece land, the land having been acquired by
means of homestead. P for his part accepted the contract of mortgage.
Believing that there are no violations to the prohibitions in the alienation of lands P,
acting in good faith took possession of the land. To wit, the P has no knowledge that
the enjoyment of the fruits of the land is an element of the credit transaction of
Antichresis.
ISSUE: Whether or not P is deemed to be a possessor in good faith of the land,

based upon Article 3 of the New Civil Code as states Ignorance of the law excuses
no one from compliance therewith, the Ps lack of knowledge of the contract of
antichresis.
HELD: The accessory contract of mortgage of the improvements of on the land is

valid. The verbal contract of antichresis agreed upon is deemed null and void.
REASONING: Sec 433 of the Civil Code of the Philippines provides Every person
who is unaware of any flaw in his title or in the manner of its acquisition by which it
is invalidated shall be deemed a possessor of good faith. And in this case, the
petitioner acted in good faith. Good faith maybe a basis of excusable ignorance of
the law, the petitioner acted in good faith in his enjoyment of the fruits of the land
to which was done through his apparent acquisition thereof.

Complete Kasilag Vs Roque Et Al

Uploaded by

Copyright:

Available Formats

Complete Kasilag Vs Roque Et Al

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Complete Kasilag Vs Roque Et Al

Uploaded by

Copyright:

Available Formats

KASILAG VS ROQUE ET AL GR NO.

The question to be answered is w/n the petitioner should be deemed a possessor in

PROCEDURAL FACTS: This is an appeal taken by the defendant-petitioner from the

ISSUE: Whether or not P is deemed to be a possessor in good faith of the land,

HELD: The accessory contract of mortgage of the improvements of on the land is

You might also like