Title
Delpher Trades Corp. vs. Intermediate Appellate Court
Case
G.R. No. 69259
Decision Date
Jan 26, 1988
A family transferred leased property to their corporation via a Deed of Exchange, retaining control. The Supreme Court ruled it wasn’t a sale, upholding their estate planning strategy and dismissing the lessee’s claim of a violated right of first refusal.

Case Digest (G.R. No. 215659)
Expanded Legal Reasoning Model

Facts:

  • Ownership and Lease Agreement
    • In 1974, Delfin and Pelagia Pacheco co-owned Lot No. 1095 (27,169 sqm) in Malinta Estate, Valenzuela (TCT No. T-4240).
    • On April 3, 1974, they leased Lot 1095 to Construction Components International, Inc., stipulating that if the lessors decided to sell, the lessee had a right of first refusal (Exhs. A–A-5).
  • Assignment and Deed of Exchange
    • On August 3, 1974, Construction Components assigned its lease rights to Hydro Pipes Philippines, Inc., with the Pachecos’ consent and annotation on the title (Exhs. B–B-6, D-3).
    • On January 3, 1976, Delfin and Pelagia executed a deed of exchange conveying Lot 1095 (TCT No. T-4240) and another Malinta Estate parcel (TCT No. 4273) to Delpher Trades Corporation in exchange for 2,500 no-par value shares valued at ₱1.5 million (Exhs. C–C-5).
  • Litigation and Lower Court Decisions
    • Hydro Pipes sued for reconveyance, invoking its right of first refusal; the CFI of Bulacan ruled in its favor, ordering conveyance at ₱14/sqm (CFI decision, pp. 246–247).
    • The Intermediate Appellate Court affirmed; Delpher and the Pachecos petitioned the Supreme Court for certiorari (G.R. No. 69259).

Issues:

  • Nature of Deed of Exchange
    • Did the deed of exchange constitute a sale triggering the lease’s right of first refusal?
    • Was there an actual transfer of ownership interests to a third party?
  • Corporate Form and Substance
    • Is Delpher Trades Corporation a separate entity or merely the Pachecos’ alter ego?
    • Does incorporation change the substance of ownership for purposes of the lease covenant?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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