Title
Equatorial Realty Development, Inc. vs. Mayfair Theater, Inc.
Case
G.R. No. 133879
Decision Date
Nov 21, 2001
Dispute over property ownership and back rentals; Equatorial's bad faith purchase violated Mayfair's right of first refusal, barring rental claims.
A

Case Summary (G.R. No. 133879)

Factual Background

In 1967 and 1969 Carmelo & Bauermann, Inc. leased portions of a two‑storey building and land on Claro M. Recto Avenue, Manila, to Mayfair Theater, Inc. The leases contained a thirty‑day right of first refusal in favor of Mayfair. On July 31, 1978, Carmelo sold the property to Equatorial for P11,300,000. Mayfair promptly litigated, seeking annulment of the sale, specific performance of its right of first refusal, and damages. While litigation proceeded, Mayfair continued in possession and paid rentals to the party it believed held title.

Procedural History

The trial court initially decided for Carmelo and Equatorial, but the Court of Appeals reversed. This Court, in the mother case (G.R. No. 106063), denied the petition for review and ordered the Deed of Absolute Sale rescinded, directed Carmelo to return the purchase price to Equatorial, and directed steps to allow Mayfair to buy the lots for P11,300,000. That decision became final on March 17, 1997. Execution proceeded; because Carmelo could not be located, Mayfair deposited funds and the Registry of Deeds issued new titles to Mayfair. Disputes over execution and withholding tax issues produced a related petition (G.R. No. 136221), decided May 12, 2000, which reaffirmed that Carmelo must return the full purchase price to Equatorial and that Mayfair could not deduct the withheld sum.

Origin of the Present Case

On September 18, 1997 Equatorial filed a new complaint in RTC, Branch 8 (Civil Case No. 97‑85141), seeking collection of unpaid back rentals and reasonable compensation for Mayfair’s occupation after the expiration of the leases. Mayfair moved to dismiss on grounds of forum‑shopping and that the plaintiff’s cause of action was barred by prior judgment. The trial court granted the motion to dismiss by Order of March 11, 1998 and denied reconsideration on May 29, 1998. Equatorial appealed to this Court by petition under Rule 45.

Issues Presented

The principal issues framed by Equatorial were whether it was entitled to recover back rentals and reasonable compensation, and whether the trial court dismissed the complaint on a ground that either was not raised in the motion to dismiss or was not a proper ground under Rule 16. The broader legal question concerned the effect of the rescission in the mother case on ownership, delivery, and entitlement to civil fruits such as rentals.

Trial Court Ruling

The trial court dismissed Equatorial’s complaint on the ground that the Deed of Absolute Sale had been “deemed rescinded” by this Court and therefore was “void at its inception,” concluding that Equatorial was not the owner and could not claim rentals. The court treated the prior decision as res judicata and rested its dismissal on the claimed lack of ownership.

Parties’ Contentions on Appeal

Equatorial argued that the trial court disregarded basic principles of contract and civil law, misinterpreted the effect of rescission, and deprived it of vested or residual proprietary rights; it also contended that the dismissal rested on a ground not pleaded and not authorized by Rule 16. Mayfair maintained that the prior decisions resolved ownership and that Equatorial was in bad faith, thus precluding recovery of fruits or equitable relief.

Supreme Court’s Holding

The Court denied the petition. It affirmed the dismissal of Civil Case No. 97‑85141, but not on the precise rationale employed by the trial court. The Court ruled that, under the peculiar facts found in the en banc mother case, Equatorial never acquired ownership by actual delivery, and, alternatively, that Equatorial’s bad faith barred recovery of civil fruits such as rentals. The Court also held that the trial court’s disposition was sustainable on the ground of bar by prior judgment.

Legal Basis and Reasoning — Delivery and Ownership

The Court explained that rentals are civil fruits that ordinarily belong to the owner. It restated the law that ownership in a sale is acquired by tradition or delivery and not by mere agreement, citing Art. 1458, Art. 1496, Art. 1497, and Art. 1498, Civil Code. The execution of a public instrument gives rise only to a prima facie presumption of delivery; that presumption is rebutted when the vendee never took actual possession or when a third party was actually in possession. Applying those principles to the present record and to the factual findings of the mother case, the Court found that Mayfair’s timely litigation and continued possession constituted a legally effective impediment to delivery and that the constructive delivery presumption had been negated. Consequently, the sale, though perfected, was never consummated by effective delivery and Equatorial never acquired ownership that would entitle it to civil fruits during the pendency of the controversy.

Legal Basis and Reasoning — Rescission, Fruits, and Bad Faith

The Court further applied Art. 1385, Civil Code, which provides that rescission creates the obligation to return the things and their fruits. The mother case had expressly found Equatorial a buyer in bad faith. The Court held that, even assuming arguendo that delivery had occurred, Equatorial’s bad faith — established in the prior en banc decision — precluded the grant of equitable benefits such as interest and rentals. The Court emphasized that rescission and the remedial structure in the mother case required Equatorial’s recovery to be limited to return of the purchase price, and that permitting rental recovery would reward bad faith contrary to the earlier final judgment.

Res Judicata and Procedural Disposition

On the procedural point, the Court observed that Mayfair’s motion to dismiss had pleaded that the plaintiff’s cause of action was barred by prior judgment. Although the trial court erred in describing the rescinded deed as “void at its inception,” the Court held that the dismissal was nonetheless correct because the prior judgment in G.R. No. 106063 resolved the very issue of entitlement to back rentals. The Court invoked the doctrine of res judicata and concluded that the controversy over rentals was barred by the earlier final adjudication.

Disposition

The Supreme Court denied the petition

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