7/25/2019 Siguan vs Lim 318 SCRA 725

1/2

SIGUAN VS LIM 318 SCRA 725

Facts:

A criminal case was filed against LIM with RTC-Cebu City for issuing 2bouncing checks in the amounts of P!!"!!! andP2#$"%%&" res'ecti(ely to)iguan Meanwhile" on 2 *uly $++$" a ,eed of ,onation con(eying thefollowing 'arcels of land and 'ur'ortedly eecuted by LIM on $!August $+&+in fa(or of her children" Linde" Ingrid and .eil" was registered with the /fficeof the Register of ,eeds of Cebu City0 .ew transfer certificates of title werethereafter issued in the names of the donees0 /n 2 *une $++" 'etitionerfiled an accion 'auliana against LIM and her children before RTC-Cebu Cityto rescind the 1uestioned ,eed of ,onation and to declare as null and (oidthe new transfer certificates of title issued for the lots co(ered by the

1uestioned ,eed0

Petitioners contention3claimed therein that sometime in *uly $++$" LIM" through a ,eed of ,onation"fraudulently transferred allher real 'ro'erty to her children in bad faith and infraud of creditors" including her4 that LIM cons'ired and confederated with herchildren in antedating the 1uestioned ,eed of ,onation" to 'etitioners andother creditors 're5udice4 and that LIM" at the time of the fraudulentcon(eyance" left no sufficient 'ro'erties to 'ay her obligations0

LIMs contention3As regards the 1uestioned ,eed of ,onation" LIM maintained that it was notantedated but was made in good faith at a time when she had sufficient'ro'erty0 6inally" she alleged that the ,eed of ,onation was registered only on2 *uly $++$because she was seriously ill0

Issue:

7hether the ,eed of ,onation eecuted by Rosa Lim 8LIM9 in fa(or of herchildren be rescinded for being in fraud of 'etitioner Maria Antonia )iguan:

Ruling:

;(en assuming arguendo that 'etitioner became a creditor of LIM 'rior to thecelebration of the contract of donation" still her action for rescission would notfare well because the third re1uisite was not met0

7/25/2019 Siguan vs Lim 318 SCRA 725

2/2

The term =subsidiary remedy= has been defined as =the ehaustion of allremedies by the 're5udiced creditor to collect claims due him beforerescission is resorted to0= It is"therefore" =essential that the 'arty asking forrescission 'ro(e that he has ehausted all other legal means to obtainsatisfaction of his claim0

Petitioner neither alleged nor 'ro(ed that she did so0 /n this score" her actionfor the rescission of the 1uestioned deed is not maintainable e(en if the fraudcharged actually did eist0>