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    Case Digest 1

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    Jonnalyn Fabella

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    © All Rights Reserved
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    Case Digest 1

    Uploaded by

    Jonnalyn Fabella
    8 views7 pages

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    © © All Rights Reserved

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    Copyright:

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    8 views7 pages

    Case Digest 1

    Uploaded by

    Jonnalyn Fabella

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 7

    Case Title:

    Mario Siochi
    vs.
    Alfredo Gozon, Winifred Gozon, Elvira Gozon and Inter-
    Dimensional Realty Inc.
    G.R. No. 169900, 18 March 2010
    General Topic:
    Estate Tax

    Focus:
    Conjugal Partnership of
    Gains
    Facts of the Case:
     The case involves a 30,000 sq. m. parcel of land situated in Malabon, Manila covered by TCT No.
    5357. The property is registered in the name of “Alfredo Gozon, married to Elvira Gozon”. On
    December 23, 1991, Elvira Gozon filed with the RTC Cavite a petition for legal separation (LSEP)
    against her husband Alfredo Gozon. Subsequently, she filed a notice of lis pendens, which was then
    annotated on TCT No. 5357.

     While the legal separation case was still pending, Alfredo entered into an agreement to sell the said
    property to Mario Siochi for P18M. Mario gave a P5M earnest money as partial payment along with a
    stipulation that Mario should secure an affidavit from Elvira stating that the said property is Alfredo’s
    exclusive property and to secure the removal of notice of lis pendens.

     Regardless of Mario’s repeated demands, Alfredo failed to comply with the stipulations listed above.
    Afterwards, the LSEP case was granted, the CPG was declared and dissolved and the land was
    declared as conjugal. Alfredo being the offending spouse, the net profit of his share shall be
    forfeited in favor of their daughter, Winifred.

     Alfredo later donated the land to Winifred. On Oct. 26, 1994 Alfredo sold that property into Inter
    Dimensional Realty Inc. for 18 million pesos in his favor by Winnifred. And the IDRI paid it in full
    payment.

     Mario then filed a complaint with RTC Malabon for damages, specific performance and annulment of
    donation and sale.
    Issue:
    Whether or not the sale of Alfredo and
    Elvira’s conjugal property is valid.
    Ruling:
    NO. The property involved in this case is a conjugal property and the Agreement
    entered into by Alfredo and Mario was without the written consent of Elvira. Thus,
    the agreement is entirely void.

    One of the effects of the decree of legal separation is that the conjugal partnership is
    dissolved and liquidated, and the offending spouse (Alfredo, in this case) would have no
    right to the share of the net profits earned by the conjugal partnership (Article 63 (2)
    of the Family Code).

    CA Ruling: The sale of the subject land by defendant Alfredo Gozon to plaintiff-appellant
    Mario Siochi is declared null and void for the following reasons: (a) the conveyance was
    done without the consent of defendant-appellee Elvira Gozon and (b) defendant Alfredo
    Gozon’s one-half (½) undivided share has been forfeited in favor of his daughter,
    defendant Winifred Gozon, by virtue of the decision in the legal separation case rendered
    by the RTC, Branch 16, Cavite.
    Lesson Learned:
    In this case, the cause of the problem here is that Alfredo tried
    to sell his and Elvira’s conjugal property without her consent. On
    Mario Siochi and IDRi’s part, they shouldn’t have decided to
    push through with the sale knowing that Elvira Gozon filed a
    notice of lis pendens and that prospective purchasers of the
    property will be bound by any judgment affecting it.

    Before purchasing any property, always remember that a


    disclosure document is necessary. The owner who decides to
    sell the property is required to disclose information in a written
    document and to provide details about the property’s
    background.
    Thank
    you for
    listening!

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