Case Digest (G.R. No. 233365)
Facts:
Nicxon L. Perez, Jr. v. Avegail Perez‑Senerpida, G.R. No. 233365, March 24, 2021, Supreme Court First Division, Caguioa, J., writing for the Court.Petitioner Nicxon L. Perez, Jr. (Nicxon) appealed the Court of Appeals' decision which affirmed the Regional Trial Court (RTC), Branch 72, Olongapo City, in an action filed by respondent Avegail Perez‑Senerpida (Avegail) for annulment of donation and cancellation of title over a parcel of land (Civil Case No. 135‑0‑2010). Avegail is a child of the late Eliodoro Q. Perez (Eliodoro) and Adelita M. Perez (Adelita); Nicxon is the grandson of Eliodoro through a prior marriage of Eliodoro.
The property at issue (Lot 2 Block 9, LRC Psc‑13291, TCT No. T‑7396) was registered in the names of Eliodoro and Adelita (married December 10, 1975). Adelita executed a Renounciation and Waiver of Rights (RWR) in favor of Eliodoro on October 29, 1995 (inscribed July 20, 2004). Eliodoro executed a Deed of Donation (DoD) donating the subject property to Nicxon on July 27, 2004; TCT No. T‑12547 was issued to Nicxon and later encumbered by a mortgage.
Eliodoro filed a petition for declaration of nullity of marriage under Article 36 of the Family Code on February 1, 2005 (Civil Case No. 44‑0‑2005, RTC Branch 73). The RTC declared the marriage void ab initio on June 15, 2005; an Entry of Judgment reflecting finality was issued July 11, 2005 stating the decision became final and executory July 6, 2005. Eliodoro died June 28, 2008. On September 30, 2010, Avegail instituted Civil Case No. 135‑0‑2010 against Nicxon to annul the RWR and DoD and cancel TCT No. T‑12547, alleging prejudice to her legitime.
Following trial, RTC Branch 72 rendered judgment on February 24, 2015 annulling the RWR and the DoD, cancelling the TCT in Nicxon’s name and ordering issuance of another title in the name of Eliodoro. Nicxon appealed to the Court of Appeals (CA), which on April 7, 2017 dismissed his appeal and affirmed the RTC, holding the property was part of the absolute community of property (ACP) and that the RWR and DoD were void under Articles 89 and 87 of the Family Code; the CA denied reconsideration (Resolution dated August 15, 2017).
Separately, Adelita had filed an Annulment of Judgment Petition (Rule 47) before the CA (docketed CA‑G.R. SP No. 120119) on July 5, 2011 seeking to annul the Marriage Nullity Decision on jurisdictional grounds. The CA, by Resolution dated March 5, 2012, referred the matter to RTC Branch 75 for reception of evidence; Branch 75 transmitted the records back to the CA, which denied Adelita’s petition in a Decision dated September 22, 2015. Adelita sought review in the Supreme Court (G.R. No. 222230), but the Court’s Second Division denied her petition on March 16, 2016. Copies of the CA Decision and the Court’s Resolution were appended to Nicxon’s Rule 45 petition.
Nicxon filed a Petition for Review on Certiorari under ...(Subscriber-Only)
Issues:
- Did the CA and the RTC violate res judicata or otherwise err by not treating the earlier marriage nullity decision as final and executory prior to Eliodoro’s death?
- If the marriage was void ab initio, was the property regime between Eliodoro and Adelita still the absolute community of property (ACP) at the time of the challenged transactions?
- Is the Deed of Donation executed by E...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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