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?

A. No more because the action has already prescribed;
B. Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10)
C. No, because the 4-year period to file action based on fraud has prescribed;
D. No, because the buyer is a buyer in good faith and for value.
Answer» B. Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10)
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