G.R. No. 144735 - YU BUN GUAN, VS. ELVIRA ONG. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court hereby renders judgment as follows: 23.1. The Deed of Sale dated July 24, 1992 (Exh. EE or Exh. 3) is declared VOID. 23.2. The plaintiff ELVIRA ONG is declared the OWNER of the property covered by Transfer Certificate of Title No. 217614, Registry of Deeds, Makati (Exh. DD). 23.3. The Register of Deeds, City of Makati is ordered to: 23.2.1. Cancel Transfer Certificate of Title No. 181033 (Exh. HH); and 23.2.2. Issue in lieu thereof, a transfer certificate of title in the name of ELVIRA A. ONG, of legal age, single, Filipino'; 23. [4] . The defendant YU BUN GUAN is ordered to pay to the said plaintiff, the following: 23. [4] .1. P48,631.00 - As reimbursement of the capital gains tax (Exh. FF); 23. [4] .2. Six (6) percent of P48,631.00 - per annum from November 23, 1993, until the said P48,631.00 is paid - as damages 23. [4] .3. P100,000.00 - as moral damages; 23. [4] .4. P 50,000.00 - as exemplary damages; 23. [4] .5. P 100,000.00 - as attorney's fees. 23. [5] . The COUNTERCLAIM is DISMISSED. 23. [6] . Cost is taxed against the defendant. "24. In Chambers, City of Makati, June 23, 1998." The Facts The antecedents of the case are succinctly summarized by the Court of Appeals in this wise: "[Herein respondent] said that she and [petitioner] are husband and wife, having been married according to Chinese rites on April 30, 1961. They lived together until she and her children were abandoned by [petitioner] on August 26, 1992, because of the latter's `incurable promiscuity, volcanic temper and other vicious vices'; out of the reunion were born three (3) children, now living with her [respondent]. "She purchased on March 20, 1968, out of her personal funds, a parcel of land, then referred to as the Rizal property, from Aurora Seneris, and supported by Title No. 26795, then subsequently registered on April 17, 1968, in her name. "Also during their marriage, they purchased, out of their conjugal funds, a house and lot, in 1983, thereafter, registered in their names, under Title No. 118884. "Before their separation in 1992, she `reluctantly agreed' to the [petitioner's] `importunings' that she execute a Deed of Sale of the J.P. Rizal property in his favor, but on the promise that he would construct a commercial building for the benefit of the children. He suggested that the J.P. Rizal property should be in his name alone so that she would not be involved in any obligation. The consideration for the `simulated sale' was that, after its execution in which he would represent himself as single, a Deed of Absolute Sale would be executed in favor of the three (3) children and that he would pay the Allied Bank, Inc. the loan he obtained. "Because of the `glib assurances' of [petitioner], [respondent] executed a Deed of Absolute Sale in 1992, but then he did not pay the consideration of P200,000.00, supposedly the `ostensible' valuable consideration. On the contrary, she paid for the capital gains tax and all the other assessments even amountin