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    Heirs of Marciana Avila vs. CA G.R. No. L-45255: Facts

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    Joycee Armillo
    Marciana Avila participated in and won the bidding for Lot 594 after its owner failed to pay property taxes and it was put up for public auction. However, as a public school teacher, Marciana was prohibited from purchasing delinquent properties under Section 579 of the Revised Administrative Code. The Court ruled the sale of Lot 594 to Marciana was void as she was not qualified to participate, and as a party to an illegal transaction under the Civil Code, she could not recover what was given or ask for fulfillment of promises made.

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    Heirs of Marciana Avila vs. CA G.R. No. L-45255: Facts

    Uploaded by

    Joycee Armillo
    26 views3 pages
    Marciana Avila participated in and won the bidding for Lot 594 after its owner failed to pay property taxes and it was put up for public auction. However, as a public school teacher, Marciana was prohibited from purchasing delinquent properties under Section 579 of the Revised Administrative Code. The Court ruled the sale of Lot 594 to Marciana was void as she was not qualified to participate, and as a party to an illegal transaction under the Civil Code, she could not recover what was given or ask for fulfillment of promises made.

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    16Heirs-of-Marciana-Avila-vs-CA

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    Marciana Avila participated in and won the bidding for Lot 594 after its owner failed to pay property taxes and it was put up for public auction. However, as a public school teacher, Marciana was prohibited from purchasing delinquent properties under Section 579 of the Revised Administrative Code. The Court ruled the sale of Lot 594 to Marciana was void as she was not qualified to participate, and as a party to an illegal transaction under the Civil Code, she could not recover what was given or ask for fulfillment of promises made.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    26 views3 pages

    Heirs of Marciana Avila vs. CA G.R. No. L-45255: Facts

    Uploaded by

    Joycee Armillo
    Marciana Avila participated in and won the bidding for Lot 594 after its owner failed to pay property taxes and it was put up for public auction. However, as a public school teacher, Marciana was prohibited from purchasing delinquent properties under Section 579 of the Revised Administrative Code. The Court ruled the sale of Lot 594 to Marciana was void as she was not qualified to participate, and as a party to an illegal transaction under the Civil Code, she could not recover what was given or ask for fulfillment of promises made.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
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    Heirs of Marciana Avila vs.

    CA
    G.R. No. L-45255
     Facts
     The Court of First Instance of Misamis Oriental, adjudicated Lots 594 and 828 of the Castral
    Survey of Cagayan to Paz Chavez.
     Paz Chavez failed to pay the property taxes of Lot 594, the government offered the lot for sale at a
    public auction.
     Marciana G. Avila participated and won the bidding.
     Despite the provision of Section 579 of the Revised Administrative Code prohibiting public
    school teachers from buying delinquent properties, nobody, not even the government questioned
    her participation in said auction sale. 
    Heirs of Marciana Avila vs. CA
    G.R. No. L-45255
     Issue
     Whether or not the sale of lot 594 is void?
    Heirs of Marciana Avila vs. CA
    G.R. No. L-45255
     Held
     under Article 1409 of the Civil Code, a void contract is inexistent from the beginning. It cannot be
    ratified neither can the right to set up the defense of its illegality be waived. Marciana being one
    who is not qualified to participate in the bidding makes the contract void.
     Moreover, Marciana Avila was a party to an illegal transaction, and therefore, under Art. 1412 of
    the Civil Code, she cannot recover what she has given by reason of the contract or ask for the
    fulfillment of what has been promised her.

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