Void contract

A void contract has no force and effect from the very beginning and is equivalent to nothing.

- JOSE C. SISON

But if it has been complied with in good faith, what are the remedies of the parties? This is the question answered in this case of the spouses Tony and Cita.

Tony and Cita were married in Zamboanga City way back in 1950. But after eight years of marriage or in 1958, they separated. Tony remained in Zamboanga while Cita decided to live in Manila.

On Oct. 11, 1982, Tony acquired a 358-square meter titled lot in Zamboanga City but did not, for the meantime, transfer the title in his name. Six years later, he offered to sell the lot to the spouses Mon and Lina. So on April 29, 1988 an Agreement to Sell was signed by them, wherein the spouses gave a down payment of P60,000 with the balance payable within six months subject to the following conditions: that Tony will have the title transferred in his name; that he will clear the lot of the structures and occupants and secure the consent of his estranged spouse. They also agreed that if Tony fails to comply with these conditions within six months, the spouses Mon and Lina would become owners of the lot without any further formality and payment.