{"id":242477,"date":"2020-01-17T01:42:41","date_gmt":"2020-01-17T06:42:41","guid":{"rendered":"https:\/\/canadianinquirer.net\/v1\/?p=242477"},"modified":"2025-01-13T12:31:18","modified_gmt":"2025-01-13T17:31:18","slug":"sc-junks-quirino-daughters-hubby-bid-on-condo-unit-ownership","status":"publish","type":"post","link":"https:\/\/canadianinquirer.net\/v1\/2020\/01\/17\/sc-junks-quirino-daughters-hubby-bid-on-condo-unit-ownership\/","title":{"rendered":"SC junks Quirino daughter’s hubby bid on condo unit ownership"},"content":{"rendered":"
\"\"<\/a>
FILE: Facade of Supreme Court of the Philippines (PNA photo)<\/figcaption><\/figure>\n

MANILA<\/strong>\u00a0— The Supreme Court (SC) junked the petition of the husband of the late President Elpidio Quirino’s daughter for the ownership of a condominium unit in Makati City.<\/p>\n

In a 17-page decision dated Sept. 25, 2019 penned by Associate Justice Alfredo Benjamin S. Caguioa and released on Thursday, the High Court dismissed the petition of Francisco C.<\/p>\n

buy spiriva inhaler online https:\/\/eyecaremarshfield.com\/contactsus\/html\/spiriva-inhaler.html<\/a> no prescription pharmacy <\/div>\n

Delgado, represented by his son Jose Mari, and affirmed the Court of Appeals decision declaring Francisco\u2019s claim of implied trust over a unit in the Urdaneta Apartments Condominium waived through the execution of a pre-nuptial agreement with his wife, Victoria Quirino Gonzales.<\/p>\n

buy zithromax online https:\/\/eyecaremarshfield.com\/contactsus\/html\/zithromax.html<\/a> no prescription pharmacy <\/div>\n

<\/p>\n

The High Court found that Francisco and Victoria agreed five days before they got married on June 20, 1987. Both of them were widower and widow at the time.<\/p>\n

The agreement, drafted by Francisco\u2019s counsel, Romulo Mabanta Law Offices, stated, among others, that the spouses\u2019 properties would be governed by complete separation of properties.<\/p>\n

Moreover, it also stipulated that \u201cduring his lifetime, (Francisco) agrees that the maintenance, support, and care of (Victoria) shall be borne solely by him and any gift which (Francisco) may have bestowed or shall bestow on (Victoria) shall become her exclusive property. Any gift which (Victoria), on the other hand, may have given or may give to (Francisco) shall revert to her after his death for her to dispose of as she may wish.\u201d<\/p>\n

GQ Realty Development Corp., a family corporation, was established in 1984 after the death of Victoria\u2019s first husband, former Philippine Ambassador to Spain Luis Gonzales, for the sole purpose of holding Victoria\u2019s properties.<\/p>\n

Francisco claimed that he purchased the unit in the Urdaneta Apartments Condominium so \u201cthat he could effectively express his support for the ailing (Victoria).<\/p>\n

buy cymbalta online https:\/\/eyecaremarshfield.com\/contactsus\/html\/cymbalta.html<\/a> no prescription pharmacy <\/div>\n

\u201d<\/p>\n

Francisco further declared that \u201c(t)he best (way to provide for Victoria) that he conceived of was to acquire real properties, although to have them registered in the name of (GQ Realty).”<\/p>\n

The SC found that the reason behind the purchase of the property was that Victoria wanted to live near her daughter.<\/p>\n

\u201c(I)t is clear that Francisco bought the subject property for the purpose of accommodating Victoria\u2019s desire to live beside her daughter, Rosario,\u201d it said.<\/p>\n

The High Court ruled that when Francisco purchased the condominium unit and registered the same under the name of GQ Realty, it was a gift bestowed upon Victoria.<\/p>\n

\u201c(T)he waiver of Francisco\u2019s alleged interests over the subject property \u2014 again only hypothetically admitting this to be true \u2014 is completely fathomable and understandable, given his professed true love and affection for Victoria,\u201d it added.<\/p>\n

The SC also said GQ Realty never really operated as a legitimate real estate corporation, except with Victoria\u2019s daughter, Rosario, that is when she mortgaged the property with a bank in 2001 and when the subject property was eventually transferred in her name.<\/p>\n

Since Victoria\u2019s death in 2006, Rosario and her siblings were prohibited to enter the subject property.<\/p>\n

The court also said Francisco was not able to provide evidence that he was the one who actually bought the subject property using his funds and that the subject property was merely held in trust by Victoria and GQ Realty.<\/p>\n

\u201cAssuming that Francisco really used his own funds to buy the subject property and that he intended to preserve his interest in the subject property, Francisco\u2019s failure to reduce such into writing and place protective measures to secure his alleged interest over the subject property in the Ante-Nuptial Agreement and any other document is clearly contrary to human experience. It must be stressed that the Condominium Certificate Title (CCT) covering the subject property, which is currently under the name of Rosario, is the best proof of ownership of the property and it requires more than the bare allegation of Francisco to defeat the face value of the certificate of title which enjoys a legal presumption of regularity of issuance,\u201d the SC said.<\/p>\n

Lastly, the SC pointed out that the pre-nuptial agreement was not drafted by Victoria and her children, but was drafted by Francisco through his counsel, Romulo Mabanta Law Offices, and that he could have easily included a provision to the effect in the agreement to eradicate any ambiguity and misinterpretation.<\/p>\n

\u201cIt is elementary that any ambiguity in a contract whose terms are susceptible of different interpretations must be read against the party who drafted it,\u201d the SC explained.<\/p>\n","protected":false},"excerpt":{"rendered":"

MANILA\u00a0— The Supreme Court (SC) junked the petition of the husband of the late President Elpidio Quirino’s daughter for the …<\/p>\n","protected":false},"author":44,"featured_media":239619,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16,95],"tags":[],"class_list":["post-242477","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news","category-news-ph","mauthors-benjamin-pulta","mauthors-philippine-news-agency"],"_links":{"self":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts\/242477","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/users\/44"}],"replies":[{"embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/comments?post=242477"}],"version-history":[{"count":2,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts\/242477\/revisions"}],"predecessor-version":[{"id":283557,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts\/242477\/revisions\/283557"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/media\/239619"}],"wp:attachment":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/media?parent=242477"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/categories?post=242477"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/tags?post=242477"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}