Title
Cali Realty Corporation, represented by Dr. Camilo M. Enriquez, Jr. vs. Paz M. Enriquez
Case
G.R. No. 257454
Decision Date
Jul 26, 2023
Married couple’s properties transferred to corporation excluded daughter; court ruled fraud, piercing corporate veil for her inheritance share. Case remanded for final determination.
A

Case Summary (G.R. No. 257454)

Factual Background

The dispute arose from parcels of land covered by twelve Transfer Certificates of Title (TCT Nos. T-6118, T-45290, T-45289, T-45288, T-45287, T-45282, T-45283, T-45284, T-51916, T-51917, T-51920, and T-51921) aggregating 530,491 square meters that were registered in the name of Camilo M. Enriquez, Sr. During his marriage to Librada Machica Enriquez (married May 20, 1939; Librada died June 23, 1995), Camilo, Sr. later executed a Deed of Assignment dated October 5, 1995 conveying these parcels to Cali Realty Corporation. Paz M. Enriquez, one of five children of Camilo, Sr. and Librada, was not an incorporator or stockholder of Cali Realty Corporation. On September 27, 2001, Paz caused annotation of an adverse claim on CRC’s TCTs asserting ownership to the extent of her one-sixth share in Librada’s estate.

Procedural History

CRC filed a Petition for Cancellation of Adverse Claim seeking removal of the annotations on its TCTs. The trial court initially granted CRC’s petition by Decision dated September 1, 2010, but the Court of Appeals reversed by Decision dated June 17, 2013 in CA-G.R. CV No. 03725, finding issues requiring trial and declaring Paz’s counterclaim compulsory. That 2013 Court of Appeals decision attained finality on August 1, 2013 for lack of CRC’s appeal and the case was remanded for trial where both parties presented witnesses and the TCTs.

Trial Court Proceedings and Ruling

After trial, the Regional Trial Court ruled for Paz M. Enriquez by Decision dated August 22, 2018. The trial court found that CRC failed to show that the subject properties were exclusively owned by Camilo, Sr. and concluded that the TCTs issued to Camilo, Sr. during his marriage to Librada gave rise to the presumption that the properties were conjugal under the law applicable at the time of the marriage. The trial court therefore denied CRC’s petition and ordered CRC to execute a Deed of Conveyance transferring to Paz one-sixth of one-half of the properties covered by the twelve TCTs; to convey 242,000 shares of CRC representing 19.36% of the capital structure to Paz; to account for proceeds derived from the use of the properties and from the 19.36% shareholding from 2005 onward; and to pay litigation expenses, attorney’s fees, and costs.

Court of Appeals Decision

By Decision dated September 29, 2020, the Court of Appeals affirmed the trial court. It agreed with the trial court that the properties were conjugal because the TCTs showed issuance to Camilo, Sr. during his marriage to Librada, and it found that CRC failed to rebut the presumption of conjugality with strong, clear, and convincing evidence. The Court of Appeals also invoked its June 17, 2013 pronouncement that Paz’s counterclaim was compulsory and thus binding between the parties. Reconsideration was denied by the Court of Appeals on June 9, 2021.

Issues Presented in the Petition

CRC’s petition to the Supreme Court chiefly alleged that: (1) the subject properties were not conjugal because mere registration stating the civil status of the registered owner does not establish acquisition during the marriage; (2) the properties became corporate properties of CRC by virtue of the Deed of Assignment executed during Camilo, Sr.’s lifetime; and (3) Paz’s counterclaim was permissive rather than compulsory; thus nonpayment of docket fees was fatal and shareholders of CRC were denied due process because they were not impleaded.

Parties’ Positions on the Merits

CRC argued that the lower courts erred by treating the TCT entries of the owner’s civil status as proof of acquisition during coverture, and that Paz bore the burden to prove the date of actual acquisition before the presumption of conjugality could apply. CRC maintained that registration is distinct from acquisition and that it had no duty to prove the dates of acquisition. CRC also reiterated that the counterclaim was permissive and that nonimpleading of other shareholders deprived them of due process. Paz responded that ownership is a factual question unsuitable for a Rule 45 petition, that the TCTs showing Camilo, Sr. as “married” were sufficient to raise the presumption of conjugality, that CRC failed to rebut that presumption, and that the counterclaim had been held compulsory in the 2013 Court of Appeals decision which attained finality.

Supreme Court’s Analysis on Reviewability of Facts

The Supreme Court acknowledged the general rule that questions of ownership and possession of land are factual and ordinarily not cognizable in a Rule 45 petition. The Court, however, identified exceptions permitting review of factual findings, including when findings are manifestly mistaken, based on misapprehension of facts, conclusions without citation of specific evidence, or when the Court of Appeals manifestly overlooked relevant undisputed facts. The Court concluded that several such exceptions applied—specifically the second, fourth, eighth, and eleventh exceptions—thus authorizing review of the lower courts’ factual conclusions in this case.

Supreme Court’s Legal Reasoning on Conjugal Presumption

The Court held that the lower courts erred in applying the presumption of conjugality solely on the ground that the TCTs were issued in the name of Camilo, Sr. during his marriage. Citing Jorge v. Marcelo, the Court reiterated that the presumption of conjugal nature arises only when the property was in fact acquired during the marriage and that proof of acquisition during coverture is a condition sine qua non for the presumption to operate. The Court emphasized that registration under the Torrens system does not itself vest title but confirms title already existing; acquisition and registration are distinct acts. The Court found that Paz failed to establish when the properties were actually acquired and that the lower courts made an inference unsupported by specific evidence. The Court further held that CRC had no burden to prove dates of acquisition; the burden to show the time element for the conjugal presumption rested on Paz.

Supreme Court’s Discussion of the Counterclaim, Legitime, and Corporate Veil

The Supreme Court found that the Court of Appeals’ June 17, 2013 pronouncement that Paz’s counterclaim was compulsory had attained finality and therefore constituted the law of the case binding the parties. The Court acknowledged that Paz is a compulsory heir entitled to a legitime, and that a compulsory heir may demand satisfaction if the testator left less than the legitime. The Court nonetheless held that the lower courts erred in awarding a specific shareholding percentage to Paz because the legitime had not been established with reasonable certainty. The Court explained that determining the legitime requires first ascertaining the net value of the decedent’s estate, collating inter vivos donations, and ascertaining the legitime of compulsory heirs. The record lacked sufficient information to compute these elements.

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