Case Digest (G.R. No. 193038)
Facts:
In Camilo F. Borromeo v. Antonietta O. Descallar, petitioner Camilo F. Borromeo, a Filipino businessman, claimed ownership of three lots and a residential house in Mandaue City that were originally purchased in 1985–1986 under Contracts to Sell and a 1987 Deed of Absolute Sale naming respondent Antonietta Opalla-Descallar and Austrian national Wilhelm Jambrich as buyers. Jambrich, who began working in the Philippines in 1983, alone provided the funds for the acquisition. When Register of Deeds refused to register Jambrich’s name for being an alien, respondent’s name remained as sole owner and Transfer Certificates of Title (TCT) Nos. 24790–24792 were issued to her alone. After Jambrich and respondent ended their relationship in 1991, Jambrich sold his rights to petitioner to settle a debt. Petitioner then filed for recovery of real property, alleging respondent never contributed to the purchase price and that Jambrich was the actual owner who validly assigned his interests to hiCase Digest (G.R. No. 193038)
Facts:
- Background and relationship
- Wilhelm Jambrich, an Austrian national, arrived in the Philippines in 1983 to work for Simmering-Graz Panker A.G.; in 1984 he transferred to Cebu and met respondent Antonietta Opalla-Descallar, a separated mother of two working as a waitress. They became tutor and pupil, fell in love, and began cohabiting in Mandaue City.
- In May 1988, Jambrich adopted respondent’s two sons under Regional Trial Court Sp. Proc. No. 39-MAN; their relationship ended in April 1991 when each found new partners.
- Property acquisition and transactions
- Jambrich and respondent entered into two Contracts to Sell (Nov. 18, 1985; Mar. 10, 1986) and a Deed of Absolute Sale (Nov. 16, 1987) for three lots in Agro-Macro Subdivision. At registration, Jambrich’s name was struck out for being an alien, though his signatures remained; TCT Nos. 24790–24792 issued solely in respondent’s name.
- In 1989, Jambrich bought boat engine accessories from petitioner Camilo F. Borromeo for P150,000. To settle the debt, on July 11, 1991, he executed a Deed of Assignment of all his rights in the Mandaue properties to petitioner for P250,000. Petitioner discovered respondent held Torrens titles which were also mortgaged.
- On August 2, 1991, petitioner sued respondent for recovery of real property, alleging Jambrich wholly funded the acquisition and validly assigned his interests; respondent countered that she alone paid for the lots from her copra business.
- Trial court and appellate proceedings
- The Regional Trial Court found Jambrich’s salary (P50,000–P90,000/month) far exceeded respondent’s (P1,000/month), credited DSWD Home Study and Child Study Reports, ruled respondent financially incapable of contributing, declared petitioner fee simple owner, voided respondent’s titles, and ordered reissuance to petitioner with attorney’s fees and costs.
- The Court of Appeals reversed, holding an alien with no title cannot convey rights and that Torrens registration in respondent’s name was conclusive; its denial of petitioner’s motion for reconsideration prompted this SC petition.
Issues:
- Who truly acquired and financed the purchase of the disputed properties?
- What is the effect of registration of the properties solely in respondent’s name under the Torrens system?
- Does a transfer by an alien to a Filipino cure a void-ab initio acquisition prohibited by the Constitution?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)