QUESTION:
Aldrin, the property of my dad in the province was sold by his younger brother through a Deed of Absolute Sale. However, the title owner as clearly shown in the TCT is my dad. The thing is, my dad religiously paid its real property taxes (amilyar) through the years until this discovery. Is the sale valid?
ANSWER:
The only person who can sold a property is the owner thereof.
UNLESS…
The owner issued a Special Power of Attorney (SPA) in favor of another.
In which case…
If the owner indeed issued a Special Power of Attorney (SPA) in favor of another…
The latter will become the ‘attorney-in-fact’ (or agent) of the former… to represent his interests over the property.
So, in the absence of a Special Power of Attorney (SPA)…
No one will be able to sell a property not belonging to him.
Now, if the property was sold anyway through a Deed of Absolute Sale… the contract of sale is void and has no legal effect.
You see…
Before a contract is perfected, three (3) things must concur.
First, there must be an object.
For instance, a house, a land, or a car.
Second, there must be a consideration.
For instance, the amount or the price agreed upon by the buyer and the seller.
Third, consent.
Which means, there must be a concurrence of the parties to the contract.
Thus, in a Deed of Absolute Sale of a Real property…
The person who represents himself to buy must actually be the buyer…
And the person representing himself to sell must actually be the owner.
In this case, it is clear that the consent of the owner is absent. Your father did not consent to the sale of his property in the province.
Hence, there’s no perfected contract to speak of.
Therefore, the Deed of Absolute Sale is void and has no legal effect.
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