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Conchita Nool, et al. vs. Court of Appeals, et al.

CONCHITA NOOL and GAUDENCIO ALMOJERA, petitioner vs. COURT OF APPEALS, ANACLETO NOOL and EMILIA NEBRE, respondents.

G.R. No. 116635 | 1997-07-24

D E C I S I O N


PANGANIBAN, J.:

A contract of repurchase arising out of a contract of sale where the seller did not have any title to the property "sold" is not valid. Since nothing was sold, then there is also nothing to repurchase.

Statement of the Case

This postulate is explained by this Court as it resolves this petition for review on certiorari assailing the January 20, 1993 Decision 1 of Respondent Court of Appeals 2 in CA-G.R. CV No. 36473, affirming the decision 3 of the trial court 4 which disposed as follows: 5

WHEREFORE, judgment is hereby rendered dismissing the complaint for no cause of action, and hereby:

1. Declaring...