G.R. No. 215014 - REBECCA FULLIDO, VS. GINO GRILLI.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, FOR AND IN CONSIDERATION of the foregoing premises, the parties hereto agree as they hereby covenant to agree that the FIRST PARTY ( Grilli ) shall permanently reside on the property as above-mentioned, subject to the following terms and conditions: 1. That ownership over the above-mentioned properties shall reside absolutely with herein FIRST PARTY, and the SECOND PARTY ( Fullido ) hereby acknowledges the same; 2. That the SECOND PARTY is expressly prohibited to sell the above-stated property, except if said sale is with the conformity of the FIRST PARTY; 3. That the SECOND PARTY hereby grants the FIRST PARTY, the absolute and irrevocable right, to reside in the residential building so constructed during his lifetime, or any time said FIRST PARTY may so desire; 4. That in the event the common-law relationship terminates, or when the SECOND PARTY marries another, or enters into another common-law relationship with another, said SECOND PARTY shall be obliged to execute a DEED OF ABSOLUTE SALE over the above-stated parcel of land and residential building, in favor of whomsoever the FIRST PARTY may so desire, and be further obliged to turn over the entire consideration of the said sale to the FIRST PARTY , or if the law shall allow, the FIRST PARTY shall retain ownership of the said land, as provided for in paragraph 7 below; xxx 7. That if the cases referred to in paragraph 4 shall occur and in the event that a future law shall be passed allowing foreigners to own real properties in the Philippines, the ownership of the above-described real properties shall pertain to the FIRST PARTY, and the herein undersigned SECOND PARTY undertakes to execute all the necessary deeds, documents, and contracts to effect the transfer of title in favor of the FIRST PARTY; XXX. [10] Lastly, the SPA allowed Grilli to administer, manage, and transfer the house and lot on behalf of Fullido. Initially, their relationship was harmonious, but it turned sour after 16 years of living together. Both charged each other with infidelity. They could not agree who should leave the common property, and Grilli sent formal letters to Fullido demanding that she vacate the property, but these were unheeded. On September 8, 2010, Grilli filed a complaint for unlawful detainer with prayer for issuance of preliminary injunction against Fullido before the MCTC, docketed as Civil Case No. 244. Grilli's Position The complaint stated that the common-law relationship between Grilli and Fullido began smoothly, until Grilli discovered that Fullido was pregnant when he arrived in the Philippines in 2002. At first, she told him that the child she was carrying was his. After the delivery of the child, however, it became apparent that the child was not his because of the discrepancy between the child's date of birth and his physical presence in the Philippines and the difference between the baby's physical features and those of Grilli. Later on, she admitted that the child was indeed sire