Case Digest (G.R. No. 215014) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Rebecca Fullido v. Gino Grilli (G.R. No. 215014, February 29, 2016), petitioner Rebecca Fullido, a Filipino common-law spouse, owned a lot in Biking I, Dauis, Bohol under TCT No. 30626. Respondent Gino Grilli, an Italian national, courted Fullido in 1994 and, in 1995, financed the construction of a residential house on her lot for their vacations. In 1998 they executed three instruments: a lease contract granting Grilli a 50-year lease renewable for another 50 years at ₱10,000; a memorandum of agreement (MOA) declaring Grilli the absolute owner and prohibiting Fullido from selling without his consent; and a special power of attorney (SPA) authorizing Grilli to administer the property. Their relationship deteriorated after 16 years, leading Grilli in September 2010 to file an action for unlawful detainer before Municipal Circuit Trial Court (MCTC) Dauis, alleging Fullido unlawfully withheld possession. Fullido secured a Temporary Protection Order (TPO), later made permanent by Case Digest (G.R. No. 215014) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Relationship and Property Acquisition
- In 1994, Italian national Gino Grilli met Rebecca Fullido in Bohol; in 1995 he financed the purchase of a lot (TCT No. 30626) in her name and funded construction of a house thereon to serve as their vacation home.
- They lived as common-law partners, each visiting twice a year; in 1998 they executed three instruments to define their rights:
- A 50-year lease (renewable for another 50 years at ₱10,000 total) prohibiting Fullido from disposing of the lot without Grilli’s consent.
- A memorandum of agreement (MOA) declaring Grilli as owner of the house and lot, barring Fullido from sale except with his conformity, and obliging her to convey the property to his designate upon termination of their relationship.
- A special power of attorney allowing Grilli to manage and transfer the property on Fullido’s behalf.
- Breakdown of Relationship and Lower-Court Proceedings
- After 16 years, allegations of infidelity and hostility arose; Grilli demanded Fullido’s vacatur in writing to no avail. On September 8, 2010 he filed an unlawful detainer complaint (Civ. Case No. 244) before the MCTC of Dauis, Bohol.
- Fullido obtained a Temporary (later Permanent) Protection Order (TPO/PPO) excluding Grilli from the residence; the MCTC dismissed Grilli’s ejectment suit, and awarded damages to Fullido. The RTC (Branch 47) reversed the MCTC, ruling that the lease granted Grilli exclusive possession. The CA affirmed and denied Fullido’s motion for reconsideration.
- Present Petition and Parties’ Contentions
- Fullido contends the lease and MOA are null and void—contrary to the Constitution, PD 471 and public policy—and that the TPO/PPO precludes ejectment; she also challenges the denial of her motion for reconsideration on procedural grounds.
- Grilli argues: (a) he has possessory rights under valid contracts; (b) Fullido must annul the contracts in a separate action; (c) residential buildings may be owned by foreigners; and (d) Fullido’s motion was procedurally defective.
Issues:
- Whether the CA erred in affirming the RTC’s ejectment order based on contracts that are allegedly null and void.
- Whether the ejectment order violates the prior TPO/PPO excluding Grilli from the property.
- Whether the CA improperly denied Fullido’s motion for reconsideration for lack of proof of service.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)