THOMAS C. CHEESMAN, vs. INTERMEDIATE APPELLATE COURT and ESTELITA PADILLA.
- G.R. Number: G.R. No. 74833
- Promulgated: 1991-01-21
- Ponente: Narvasa, J.
Doctrine
A petition for relief from judgment under Rule 38 may request relief different from the prayer in the party's basic pleadings; once the judgment is set aside and further proceedings held, the court may grant the relief sought in the basic pleadings.
Section 14, Article XIV of the 1973 Constitution prohibits transfer of private residential land to aliens; an alien charged with knowledge of this prohibition acquires no right from such a transfer.
Even if conjugal funds were used to buy property, constitutional prohibitions may bar an alien spouse from recovering or holding the property; remedies against the spouse for disposition of conjugal funds are separate and academic in the present case.
Facts
Petitioner Thomas Cheesman, an American citizen, sought to annul the sale by his Filipino wife of a residential lot and building to Estelita Padilla for lack of his consent.
Thomas and Criselda Cheesman were married on 4 December 1970 but have been separated since 15 February 1981.
The Court noted the constitutional prohibition on transfer of private residential land to aliens and that petitioner was charged with knowledge of this prohibition.
A writ of execution was apparently issued and on 26 August 1982 the house and lot were delivered to Thomas Cheesman.
Issues
Whether petitioner may annul the sale by his wife for lack of his consent.
Whether petitioner may acquire or hold rights in the property despite the constitutional prohibition against transfer of private residential land to aliens.
Whether a petition for relief from judgment under Rule 38 limits the relief the trial court may grant on the merits after the petition is granted.
Ruling
The appealed decision is affirmed; costs against petitioner.
Because the Constitution forbids transfer of private residential land to aliens, petitioner, as an alien, acquired no right in the property and cannot recover or hold it even assuming conjugal funds were used.
A petition for relief from judgment under Rule 38 need not pray for the same relief as the basic pleadings; if relief is granted and the case is later decided on the merits, the court may grant the relief originally sought in the basic pleadings.
Keywords
G.R. No. 74833, sale by Filipino wife of residential lot and building to a Filipino, Article 1191 Civil Code, lack of consent, Thomas Cheesman, Criselda P. Cheesman, Estelita Padilla, annulment of sale, paraphernal property, disqualified to have interest or right of ownership in land, buyer in good faith, void ab initio, administrator of the conjugal partnership property, petition for relief, summary judgment, disputable presumption in Article 160 of the Civil Code, conjugal partnership, American citizen disqualified to acquire and own real properties, estoppel under Article 1473 of the Civil Code, purchaser in good faith