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GR No. 175303 April 11, 2012 Pacific Ace Finance LTD (PAFIN), Petitioner vs. Eiji Yanagisawa, Respondent Facts

Eiji filed for annulment of his marriage to Evelyn. During the case, Evelyn was ordered not to dispose of or encumber properties in her name. However, Evelyn took out a loan from Pacific Ace Finance secured by a real estate mortgage on a property in her name. Eiji then filed a complaint to annul the mortgage. Pacific Ace Finance claimed Eiji had no right since as a foreigner he could not own property in the Philippines. However, the court found this was not a valid defense, as Eiji had a right to rely on the order preventing Evelyn from encumbering the properties. The court ruled the mortgage violated the order and was invalid.

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61 views2 pages

GR No. 175303 April 11, 2012 Pacific Ace Finance LTD (PAFIN), Petitioner vs. Eiji Yanagisawa, Respondent Facts

Eiji filed for annulment of his marriage to Evelyn. During the case, Evelyn was ordered not to dispose of or encumber properties in her name. However, Evelyn took out a loan from Pacific Ace Finance secured by a real estate mortgage on a property in her name. Eiji then filed a complaint to annul the mortgage. Pacific Ace Finance claimed Eiji had no right since as a foreigner he could not own property in the Philippines. However, the court found this was not a valid defense, as Eiji had a right to rely on the order preventing Evelyn from encumbering the properties. The court ruled the mortgage violated the order and was invalid.

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GR No.

175303 April 11, 2012


Pacific Ace Finance LTD (PAFIN), petitioner vs. Eiji Yanagisawa, respondent
FACTS:
In 1996, Eiji filed a complaint for the declaration of nullity of his marriage with evelyn on
the ground of Bigamy. During the pendency of the case, Eiji filed a motion for the issuance
of a restraining order against Evelyn and an application of a writ of preliminary injunction.
He asked that Evelyn be enjoined from disposing or encumbering all of the properties
registered in her name. Evelyn and her lawyer undertook not to dispose of the properties
registered in her name during the pendency of the case, thus rendering Eiji’s application
and motion moot.
In March 7, Evelyn obtained a loan of 500 thousand from petitioner PAFIN. To secure the
loan, Evelyn executed REM in favor of PAFIN over pque townhouse unit. At the time of
the mortgage, Eiji’s appeal in the nullity of marriage was pending before the CA. The
Makati RTC has dissolved Eiji’s and Evelyn’s marriage and ordered the liquidation of their
registered properties, including the townhouse in pque, with its proceeds to be divided
between the parties. The decision of Makati RTC did not lift or dissolve its order on
Evelyn’s commitment not to dispose of encumber the properties registered in her name.
Eiji learned of the REM upon its annotation on TCT No. 99791. Deeming the mortgage
as a violation of the Makati RTC’s, he filed a complaint for the annulment of REM, Evelyn
and PAFIN. The complaint was raffled to pque TRC.
For its defense, PAFIN denied prior knowledge og the order aginst Evelyn. It admitted
that it did not conduvt any verification of the title. PAFIN maintained that Eiji has no
personality to seek the annulment of the REM because a foreign national cannot own real
properties located within the Philippines.
ISSUE:
1. Whether a real property in the PH can be part of the community property of a
Filipino and her foreign spouse;
2. Whether a real property registered solely in the name of the Filipino wife is
paraphernal or conjugal;
3. Who is entitled to the real property mentions above when the marriage is void
HELD:
The petition has no merit. It was evelyn and PAFIN that raised Eiji’s incapacity to own
real as their defense to the suit. They maintained that Eiji, as an alien is incapacitated to
own real estate in the PH but this argument is beside the point and is not the proper
defense to the right asserted by Eiji. This defense does not negate Eiji’s right to rely on
the order of Makati RTC and to hold third persons, who deal with the registered property
to the annotations entered on the title. Thus the RTC erred in dismissing the complaint
based on this defense.
Petitioner did not question the rest of the appellate court’s ruling, which held that Evelyn
and PAFIN executed the REM in complete disregard and violation of October 2, 1996
order of the Makati RTC and the annotation on TCT No. 99791. In view of the foregoing
discussion, we find no need to discuss the other issue raised by the petitioner.

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