G.R. No. 233365 - Perez, Jr. vs. Perez-Senerpida

Petitioner Nicxon L. Perez, Jr. (Nicxon) contested allegations brought by respondent Avegail Perez-Senerpida (Avegail), assisted by her husband, regarding the ownership of a parcel of land known as Lot 2 Block 9 of the consolidation subdivision plan (LRC) Psc-13291, consisting of 350 square meters in Barangay Sta. Rita, Olongapo City, covered by Transfer Certificate of Title (TCT) No. T-7396.
The land was registered in the names of Eliodoro Q. Perez (Eliodoro) and Adelita M. Perez (Adelita), who were married on December 10, 1975, and who had two children, Avegail and Adonis Perez.
Prior to marrying Adelita, Eliodoro had another marriage and children, including Nicxon Perez, Sr., the father of Petitioner Nicxon.

On October 29, 1995, Adelita executed a "Renounciation and Waiver of Rights" (RWR) in favor of Eliodoro, later inscribed on TCT No. T-7396 on July 20, 2004.
On July 27, 2004, Eliodoro donated the subject property to Nicxon without Adelita’s consent. In consequence, TCT No. T-7396 was cancelled and replaced by TCT No. 12547 issued to Nicxon.
Nicxon further executed a Real Estate Mortgage on the property on November 16, 2009.

On February 1, 2005, Eliodoro filed a petition for declaration of nullity of marriage against Adelita under Article 36 of the Family Code.
The Regional Trial Court (RTC) Branch 73, Olongapo City, rendered a Decision on June 15, 2005 declaring the marriage void ab initio, final and executory as of July 6, 2005.
Eliodoro died on June 28, 2008.

On April 14, 2009, an Extrajudicial Settlement Among Heirs with Waiver was executed by Eliodoro’s heirs.
On September 30, 2010, Avegail instituted an action for annulment of donation and title with prayer for temporary restraining order and writ of preliminary injunction against Nicxon before RTC Branch 72, alleging that the RWR and donation deed prejudiced her inheritance rights.
Nicxon denied Adelita’s ownership claim over the property and the alleged undue influence, arguing the donation was a valid and voluntary act with no prejudice to Avegail.
Adelita filed a petition for annulment of judgment (Annulment of Judgment Petition) in 2011 to challenge the nullity ruling based on jurisdictional grounds. This petition was denied by the Court of Appeals (CA) and later by the Supreme Court (SC).

The RTC, in its Decision dated February 24, 2015, annulled the RWR, the deed of donation executed by Eliodoro in favor of Nicxon, cancelled TCT No. T-12547, and ordered the reissuance of the title in Eliodoro’s name.
The CA affirmed the RTC Decision and denied Nicxon's motion for reconsideration in its Resolution dated August 15, 2017.

Whether the ruling of the CA and the RTC violated the rule on res judicata when they did not treat as final and executory the earlier Marriage Nullity Decision (Civil Case No. 44-0-2005).
Whether the CA and the RTC erred in ruling that the property regime of Eliodoro and Adelita was still governed by Absolute Community Property (ACP) despite the final nullity decision declaring their marriage void ab initio.
Whether the deed of donation executed by Eliodoro in favor of Nicxon is valid.