HEIRS OF SALVADOR HERMOSILLA V. SPOUSES REMOQUILLO (CIVIL)

The CA, reversing the decision of the trial court, held that the Kasunduan was void because at the time of its execution in 1972, the Republic of the Philippines was still the owner of Lot 19, hence, no right thereover was transmitted by Jaime who was awarded the said lot in 1986, and consequently, no right was transmitted by Salvador through succession to petitioners. And it found no evidence of fraud in Jaime's act of having Lot 19, including the questioned property, registered in his and his wife's name in 1987.

As priorly stated, when the Kasunduan was executed in 1972 by Jaime in favor of Salvador - petitioners' predecessor-in-interest - Lot 19, of which the questioned property forms part, was still owned by the Republic. Nemo dat quod no habet, Nobody can give what he does not possess. Jaime could not thus have transferred anything to Salvador via the Kasunduan.