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Bernabe B. Caoile Vs. Yu Chiao Peng 093 Phil 861

BERNABE B. CAOILE, plaintiff-appellant, vs. YU CHIAO PENG, defendant-appellee.

G.R. No. L-4068 | 1953-09-29

D E C I S I O N


BAUTISTA ANGELO, J.:

This is an appeal from a decision of the Court of First Instance of Manila holding that the sale in question is null and void, having been entered into in violation of the Constitution, but that, said nullity notwithstanding, plaintiff is prevented from maintaining the present action either under the principle of pari delicto or under the doctrine of estoppel which creates an illegal impediment to recover property sold to an alien.

On February 23, 1943, Bernabe B. Caoile sold a parcel of land, with the building erected thereon, situated in Caloocan, Rizal, and covered by transfer certificate of...