Q. A and B are married. A, with the use of fraud, sold a parcel of land belonging to them in 1990. B discovered it in 2011. Can he still file an action to declare the sale void? (Solved)
1. No more because the action has already prescribed;
2. Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10)
3. No, because the 4-year period to file action based on fraud has prescribed;
4. No, because the buyer is a buyer in good faith and for value.
- b. Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10)