10/19/24, 1:13 AM Case Digest: G.R. No. L-38736 - Tac-An vs.
Court of Appeals
Title
Tac-An vs. Court of Appeals
Case Decision Date
G.R. No. L-38736 May 21, 1984
A lawyer's attempt to claim ownership of a parcel of land through a "Deed of Quitclaim" is
deemed void by the Supreme Court due to lack of approval from the provincial governor, but he
is still entitled to payment for his legal services.
Case Digest (G.R. No. L-38736)
Comprehensive
Facts:
Felipe G. Tac-An, a lawyer, was engaged by Eleuterio and Maximino Acopiado in March 1960
for criminal defense.
On April 4, 1960, the Acopiado brothers thumb-marked a "Deed of Quitclaim," transferring a
three-hectare land parcel to Tac-An in exchange for legal fees of P1,200.
The Acopiados later terminated Tac-An's services due to family objections regarding the land
transfer and hired a different lawyer.
Despite their termination, Tac-An continued to represent them, resulting in their acquittal in a
murder case and the dismissal of a theft case.
In 1961, Eleuterio sold his share of the land to Jesus Paghasian and Pilar Libetario, who did not
take possession of the property.
In 1964, Tac-An appointed a barrio captain as overseer of the land and secured provincial
governor approval for the Deed of Quitclaim.
Tac-An filed a complaint in the Court of First Instance (CFI) of Zamboanga del Norte to be
declared the rightful owner and to annul the sale to Paghasian and Libetario.
The CFI initially ruled in favor of Tac-An, but the Court of Appeals later reversed this decision,
declaring the land transfer void while awarding Tac-An his legal fees.
Issue:
Was the "Deed of Quitclaim" executed by the Acopiado brothers valid despite the absence of
provincial governor approval at the time?
Is Tac-An entitled to payment for his legal fees despite the void nature of the land transfer?
Ruling:
The Supreme Court upheld the Court of Appeals' ruling, voiding the land transfer due to the
lack of proper approval from the provincial governor.
Tac-An was confirmed to be entitled to the agreed amount of P1,200 for his legal services, with
interest accruing from the date of the judgment's finality.
Ratio:
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10/19/24, 1:13 AM Case Digest: G.R. No. L-38736 - Tac-An vs. Court of Appeals
The "Deed of Quitclaim" was void under Section 145 of the Administrative Code of Mindanao
and Sulu, which requires provincial governor approval for contracts involving non-Christians
concerning real property.
Although Tac-An later obtained approval, it was revoked by the governor due to allegations of
false representation and the absence of the Acopiado brothers for questioning.
The Court emphasized the validity of the revocation, stating that the earlier approval could not
be relied upon.
The repeal of the Administrative Code by Republic Act No. 4252 did not retroactively affect the
validity of the Deed of Quitclaim, as the relevant provisions were in effect at the time of
execution.
The land was presumed to be conjugal property, and the lack of consent from the spouses of
the Acopiado brothers rendered the transaction voidable.
Consequently, while the land transfer was declared void, Tac-An remained entitled to
compensation for his legal services.
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