Case Digest (G.R. No. 169900)
Facts:
In Mario Siochi v. Alfredo Gozon, G.R. Nos. 169900 and 169977, decided on March 18, 2010, petitioner Mario Siochi entered into an Agreement to Buy and Sell dated August 31, 1993 with respondent Alfredo Gozon for a 30,000 sq.m. parcel in Malabon (TCT No. 5357), then registered in the names of Alfredo and his wife Elvira Gozon. On December 23, 1991 Elvira filed a petition for legal separation with the Cavite RTC and annotated a lis pendens on January 2, 1992 on TCT No. 5357. Despite stipulations in the Agreement requiring Alfredo to obtain Elvira’s Affidavit of exclusive ownership, court approval to exclude the property from the separation case, and removal of the lis pendens, Alfredo did not comply. Mario paid ₱5 million as earnest and took possession in September 1993, after annotation of the Agreement. The Cavite RTC’s June 29, 1994 separation decision dissolved the conjugal partnership, forfeited Alfredo’s share in net profits in favor of their daughter Winifred, and declaredCase Digest (G.R. No. 169900)
Facts:
- Parties and Property
- Mario Siochi (plaintiff-petitioner) and Alfredo, Elvira, Winifred Gozon, Gil Tabije, Inter-Dimensional Realty, Inc. (IDRI) (respondents) dispute ownership of a 30,000 sqm parcel in Malabon covered by TCT No. 5357 registered in Alfredo’s name.
- Elvira filed for legal separation on December 23, 1991, and annotated a lis pendens on TCT No. 5357 on January 2, 1992.
- Agreement to Buy and Sell and Subsequent Transfers
- On August 31, 1993, Alfredo entered into an Agreement to Buy and Sell with Siochi for ₱18 million, stipulating that Alfredo must secure:
- Elvira’s affidavit declaring the property his exclusive property and annotate the Agreement;
- RTC approval to exclude the property from the separation case;
- Removal of the lis pendens.
- Siochi paid ₱5 million as earnest money, took possession in September 1993, and had the Agreement annotated on TCT No. 5357 on September 6, 1993.
- Cavite RTC decision (June 29, 1994) in the separation case dissolved and liquidated the conjugal partnership, forfeiting Alfredo’s share of net profits in favor of daughter Winifred.
- Alfredo executed a Deed of Donation (August 22, 1994) transferring the property to Winifred; Register Tabije issued TCT No. M-10508 without annotations.
- Winifred, by Special Power of Attorney, caused a Deed of Absolute Sale (October 26, 1994) to IDRI for ₱18 million; TCT No. M-10976 issued to IDRI.
- Trial and Appeals
- Malabon RTC (April 3, 2001) granted Siochi specific performance of the 1993 Agreement, annulled the donation and sale, reinstated TCT No. 5357, and awarded damages against Alfredo, Winifred, IDRI, and Tabije.
- Court of Appeals (July 7, 2005) affirmed with modifications: declared the sale void for lack of Elvira’s consent and forfeiture of Alfredo’s undivided half in favor of Winifred; awarded limited damages to Siochi and IDRI.
- Siochi and IDRI appealed to the Supreme Court.
Issues:
- Whether Alfredo’s 1993 sale to Siochi is valid despite lack of Elvira’s written consent or court authority.
- Whether Alfredo’s one-half undivided conjugal share was forfeited in favor of Winifred by virtue of the separation decree.
- Whether IDRI is a buyer in good faith for value entitled to retain TCT No. M-10976.
- Whether Siochi is entitled to execution of a Deed of Absolute Sale and payment arrangement with Elvira.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)