Escolar Documentos
Profissional Documentos
Cultura Documentos
the buyer at the time of the purchase or before receipt of any notice would have led Arrofo to discover that the lessee was paying
therein as does petitioner herein were also harping that due to
of claims or interest of some other person in the property.19 It is the rentals to Quino, not to Renato and Myrna, who claimed to own
the indefeasibility of a Torrens title, there was nothing in the TCT
party who claims to be an innocent purchaser for value who has the the Property.29
of the property in litigation that should have aroused the buyer's
burden of proving such assertion, and it is not enough to invoke the
suspicion as to put her on guard that there was a defect in the title An analogous situation obtains in the case at bar.
ordinary presumption of good faith.20 To successfully invoke and
of therein seller. The Court held in the Spouses Raymundo case
be considered as a buyer in good faith, the presumption is that first The TCT of the subject property states that its sole owner is the
that the buyer therein could not hide behind the cloak of being an
and foremost, the "buyer in good faith" must have shown prudence seller Rogelio himself who was therein also described as "single".
innocent purchaser for value by merely relying on the TCT which
and due diligence in the exercise of his/her rights. It presupposes However, as in the cases of Spouses Raymundo and Arrofo, there
showed that the registered owner of the land purchased is the
that the buyer did everything that an ordinary person would do for are circumstances critical to the case at bar which convince us to
seller. The Court ruled in this case that the buyer was not an
the protection and defense of his/her rights and interests against affirm the ruling of both the appellate and lower courts that herein
innocent purchaser for value due to the following attendant
prejudicial or injurious concerns when placed in such a situation. petitioner is not a buyer in good faith.
circumstances, viz.:
The prudence required of a buyer in good faith is "not that of a
First, petitioner's sister Hilda Bautista, at the time of the sale, was
person with training in law, but rather that of an average man who In the present case, we are not convinced by the petitioners'
residing near Rogelio and Shirley's house the subject property in
'weighs facts and circumstances without resorting to the calibration incessant assertion that Jocelyn is an innocent purchaser for value.
Ladislao Diwa Village, Marikina City. Had petitioner been more
2
prudent as a buyer, she could have easily checked if Rogelio had JOSEFINA V. NOBLEZA, of legal age, Filipino citizen, of all the property owned by the spouses at the time of the
the capacity to dispose of the subject property. Had petitioner been single and with postal address at No. L2A3 Ladislao celebration of the marriage or acquired thereafter.
more vigilant, she could have inquired with such facility Diwa St., Concepcion, Marikina, Metro Manila, hereinafter
The only exceptions from the above rule are: (1) those excluded
considering that her sister lived in the same Ladislao Diwa Village referred to as the VENDEE.32cralawlawlibrary
from the absolute community by the Family Code; and (2) those
where the property is located if there was any person other than
It puzzles the Court that while petitioner has repeatedly claimed excluded by the marriage settlement.
Rogelio who had any right or interest in the subject property.
that Rogelio is "single" under TCT No. 171963 and Tax
Under the first exception are properties enumerated in Article 92 of
To be sure, respondent even testified that she had warned their Declaration Nos. D01204723 and D01204724, his civil status
the Family Code, which states:
neighbors at Ladislao Diwa Village including petitioner's sister as seller was not stated in the Deed of Absolute Sale further
not to engage in any deal with Rogelio relative to the purchase of creating a cloud on the claim of petitioner that she is an innocent Art. 92. The following shall be excluded from the
the subject property because of the cases she had filed against purchaser for value. community property:
Rogelio. Petitioner denies that respondent had given such warning
As to the second issue, we rule that the appellate court did not err (1) Property acquired during the marriage by gratuitous title
to her neighbors, which includes her sister, therefore arguing that
when it modified the decision of the trial court and declared that by either spouse, and the fruits as well as the income
such warning could not be construed as "notice" on her part that
the Deed of Absolute Sale dated December 29, 1992 is void in its thereof, if any, unless it is expressly provided by the donor,
there is a person other than the seller himself who has any right or
entirety. testator or grantor that they shall form part of the
interest in the subject property. Nonetheless, despite petitioner's
community property;
adamant denial, both courts a quo gave probative value to the The trial court held that while the TCT shows that the owner of the
testimony of respondent, and the instant petition failed to present subject property is Rogelio alone, respondent was able to prove at (2) Property for personal and exclusive use of either spouse;
any convincing evidence for this Court to reverse such factual the trial court that she contributed in the payment of the purchase however, jewelry shall form part of the community
finding. To be sure, it is not within our province to secondguess price of the subject property. This fact was also settled with finality property;
the courts a quo, and the redetermination of this factual issue is by the RTC of Pasig City, Branch 70, and affirmed by the CA, in
beyond the reach of a petition for review on certiorari where only (3) Property acquired before the marriage by either spouse
the case for legal separation and liquidation of property docketed
questions of law may be reviewed.30 who has legitimate descendants by a former marriage, and
as JDRC Case No. 2510. The pertinent portion of the decision
the fruits as well as the income, if any, of such property.
reads:
Second, issues surrounding the execution of the Deed of Absolute
Sale also pose question on the claim of petitioner that she is a xxx Clearly, the house and lot jointly acquired by the parties As held in Quiao v. Quiao:
buyer in good faith. As correctly observed by both courts a quo, prior to their marriage forms part of their community When a couple enters into a regime of absolute community,
the Deed of Absolute Sale was executed and dated on December property regime, xxx the husband and the wife becomes joint owners of all the
29, 1992. However, the Community Tax Certificates of the properties of the marriage. Whatever property each spouse
From the foregoing, Shirley sufficiently proved her financial
witnesses therein were dated January 2 and 20, 1993. 31 While this brings into the marriage, and those acquired during the
contribution for the purchase of the house and lot covered
irregularity is not a direct proof of the intent of the parties to the marriage (except those excluded under Article 92 of the
by TCT 171963. Thus, the present lot which forms part of
sale to make it appear that the Deed of Absolute Sale was executed Family Code) form the common mass of the couple's
their community property should be divided equally
on December 29, 1992 or before Shirley filed the petition for properties. And when the couple's marriage or community is
between them upon the grant of the instant petition for legal
legal separation on January 29, 1993 it is circumstantial and dissolved, that common mass is divided between the
separation. Having established by preponderance of
relevant to the claim of herein petitioner as an innocent purchaser spouses, or their respective heirs, equally or in the
evidence the fact of her husband's guilt in contracting a
for value. proportion the parties have established, irrespective of the
subsequent marriage xxx, Shirley alone should be entitled to
That is not all. the net profits earned by the absolute community value each one may have originally owned.
property.33cralawlawlibrary Since the subject property does not fall under any of the exclusions
In the Deed of Absolute Sale dated December 29, 1992, the civil
status of Rogelio as seller was not stated, while petitioner as buyer However, the nullity of the sale made by Rogelio is not premised provided in Article 92, it therefore forms part of the absolute
was indicated as "single," viz.: on proof of respondent's financial contribution in the purchase of community property of Shirley and Rogelio. Regardless of their
the subject property. Actual contribution is not relevant in respective contribution to its acquisition before their marriage, and
ROGELIO A. NUEGA, of legal age, Filipino citizen and despite the fact that only Rogelio's name appears in the TCT as
determining whether a piece of property is community property for
with postal address at 2A2 Ladislao Diwa St., Concepcion, owner, the property is owned jointly by the spouses Shirley and
the law itself defines what constitutes community property.
Marikina, Metro Manila, hereinafter referred to as the Rogelio.
VENDOR Article 91 of the Family Code thus provides:
Respondent and Rogelio were married on September 1, 1990.
And Art. 91. Unless otherwise provided in this Chapter or in the Rogelio, on his own and without the consent of herein respondent
marriage settlements, the community property shall consist as his spouse, sold the subject property via a Deed of Absolute
3
Sale dated December 29, 1992 or during the subsistence of a Absolute Sale x x x entered into by and between defendant
valid contract of marriage. Under Article 96 of Executive Order appellant Josefina and defendant Rogelio dated 29
No. 209, otherwise known as The Family Code of the Philippines, December 1992, during the subsisting marriage between
the said disposition of a communal property is void, viz.: plaintiffappellee Shirley and Rogelio, was without the
written consent of Shirley, the said Deed of Absolute Sale
Art. 96. The administration and enjoyment of the
is void in its entirety. Hence, the trial court erred in
community property shall belong to both spouses jointly. In
declaring the said Deed of Absolute Sale as void only
case of disagreement, the husband's decision shall prevail,
insofar as the 1/2 portion pertaining to the share of Shirley
subject to recourse to the court by the wife for a proper
is concerned.
remedy, which must be availed of within five years from the
date of the contract implementing such decision. Finally, consistent with our ruling that Rogelio solely entered into
the contract of sale with petitioner and acknowledged receiving the
In the event that one spouse is incapacitated or otherwise
entire consideration of the contract under the Deed of Absolute
unable to participate in the administration of the common
Sale, Shirley could not be held accountable to petitioner for the
properties, the other spouse may assume sole powers of
reimbursement of her payment for the purchase of the subject
administration. These powers do not include the powers
property. Under Article 94 of the Family Code, the absolute
of disposition or encumbrance without the authority of community of property shall only be "liable for x x x [d]ebts and
the court or the written consent of the other spouse. In obligations contracted by either spouse without the consent of the
the absence of such authority or consent, the disposition other to the extent that the family may have been benefited x x x."
or encumbrance shall be void. However, the transaction As correctly stated by the appellate court, there being no evidence
shall be construed as a continuing offer on the part of the on record that the amount received by Rogelio redounded to the
consenting spouse and the third person, and may be benefit of the family, respondent cannot be made to reimburse any
perfected as a binding contract upon the acceptance by the amount to petitioner.37
other spouse or authorization by the court before the offer is
WHEREFORE, in view of the foregoing, the petition
withdrawn by either or both offerors.35cralawlawlibrary
is DENIED. The assailed Decision and Resolution of the Court of
It is clear under the foregoing provision of the Family Code that Appeals dated May 14, 2010 and July 21, 2010, respectively, in
Rogelio could not sell the subject property without the written CAG.R. CV No. 70235 are AFFIRMED.
consent of respondent or the authority of the court. Without such
consent or authority, the entire sale is void. As correctly explained Costs against petitioner.
by the appellate court:
SO ORDERED.
In the instant case, defendant Rogelio sold the entire subject
Velasco, Jr., (Chairperson), Peralta, Reyes, and Jardeleza, JJ.,
property to defendantappellant Josefina on 29 December
concur.
1992 or during the existence of Rogelio's marriage to
plaintiffappellee Shirley, without the consent of the latter.
The subject property forms part of Rogelio and Shirley's
absolute community of property. Thus, the trial court erred
in declaring the deed of sale null and void only insofar as
the 55.05 square meters representing the onehalf (1/2)
portion of plaintiffappellee Shirley. In absolute community
of property, if the husband, without knowledge and consent
of the wife, sells (their) property, such sale is void. The
consent of both the husband Rogelio and the wife Shirley is
required and the absence of the consent of one renders the
entire sale null and void including the portion of the subject
property pertaining to defendant Rogelio who contracted the
sale with defendantappellant Josefina. Since the Deed of
4
5
Republic of the Philippines On September 24, 1993, the respondents filed a complaint with the In the RTC, the respondents presented the results of the scientific
SUPREME COURT RTC for the nullification of the deed of absolute sale, claiming that examination18 conducted by the National Bureau of Investigation
Manila there was no sale but only a mortgage transaction, and the of Eliseo’s purported signatures in the Special Power of
documents transferring the title to the petitioner’s name were Attorney19 dated April 29, 1992 and the Affidavit of waiver of
THIRD DIVISION
falsified. rights dated April 29, 1992,20 showing that they were forgeries.
G.R. No. 156125 August 25, 2010 The respondents alleged that in April 1992, the petitioner granted The petitioner, on the other hand, introduced evidence on the
FRANCISCO MUÑOZ, JR., Petitioner, them a ₱600,000.00 loan, to be secured by a first mortgage on TCT paraphernal nature of the subject property since it was registered in
vs. No. 1427; the petitioner gave Erlinda a ₱200,000.0010 advance to Erlinda’s name; the residential lot was part of a large parcel of land
cancel the GSIS mortgage, and made her sign a document owned by Pedro Ramirez and Fructuosa Urcla, Erlinda’s parents; it
ERLINDA RAMIREZ and ELISEO CARLOS, Respondents.
purporting to be the mortgage contract; the petitioner promised to was the subject of Civil Case No. 50141, a complaint for
D E C I S I O N give the ₱402,000.00 balance when Erlinda surrenders TCT No. annulment of sale, before the RTC, Branch 158, Pasig City, filed
1427 with the GSIS mortgage cancelled, and submits an affidavit by the surviving heirs of Pedro against another heir, Amado
BRION, J.:
signed by Eliseo stating that he waives all his rights to the subject Ramirez, Erlinda’s brother; and, as a result of a compromise
We resolve the present petition for review on certiorari 1 filed by property; with the ₱200,000.00 advance, Erlinda paid GSIS agreement, Amado agreed to transfer to the other compulsory heirs
petitioner Francisco Muñoz, Jr. (petitioner) to challenge the ₱176,445.2711 to cancel the GSIS mortgage on TCT No. 1427; 12 in of Pedro, including Erlinda, their rightful shares of the land.21
decision2 and the resolution3 of the Court of Appeals (CA) in CA May 1992, Erlinda surrendered to the petitioner the clean TCT No.
THE RTC RULING
G.R. CV No. 57126.4 The CA decision set aside the decision 5 of 1427, but returned Eliseo’s affidavit, unsigned; since Eliseo’s
the Regional Trial Court (RTC), Branch 166, Pasig City, in Civil affidavit was unsigned, the petitioner refused to give the In a Decision dated January 23, 1997, the RTC dismissed the
Case No. 63665. The CA resolution denied the petitioner’s ₱402,000.00 balance and to cancel the mortgage, and demanded complaint. It found that the subject property was Erlinda’s
subsequent motion for reconsideration. that Erlinda return the ₱200,000.00 advance; since Erlinda could exclusive paraphernal property that was inherited from her father.
not return the ₱200,000.00 advance because it had been used to It also upheld the sale to the petitioner, even without Eliseo’s
FACTUAL BACKGROUND pay the GSIS loan, the petitioner kept the title; and in 1993, they consent as the deed of absolute sale bore the genuine signatures of
The facts of the case, gathered from the records, are briefly discovered that TCT No. 7650 had been issued in the petitioner’s Erlinda and the petitioner as vendor and vendee, respectively. It
summarized below. name, cancelling TCT No.1427 in their name. concluded that the NBI finding that Eliseo’s signatures in the
special power of attorney and in the affidavit were forgeries was
Subject of the present case is a seventyseven (77)square meter The petitioner countered that there was a valid contract of sale. He
immaterial because Eliseo’s consent to the sale was not
residential house and lot located at 170 A. Bonifacio Street, alleged that the respondents sold the subject property to him after
necessary.22
Mandaluyong City (subject property), covered by Transfer he refused their offer to mortgage the subject property because
Certificate of Title (TCT) No. 7650 of the Registry of Deeds of they lacked paying capacity and were unwilling to pay the The respondents elevated the case to the CA via an ordinary appeal
Mandaluyong City in the name of the petitioner.6 incidental charges; the sale was with the implied promise to under Rule 41 of the Revised Rules of Court.
repurchase within one year,13 during which period (from May 1,
The residential lot in the subject property was previously covered THE CA RULING
1992 to April 30, 1993), the respondents would lease the subject
by TCT No. 1427, in the name of Erlinda Ramirez, married to property for a monthly rental of ₱500.00;14 when the respondents The CA decided the appeal on June 25, 2002. Applying the second
Eliseo Carlos (respondents).7 failed to repurchase the subject property within the oneyear period paragraph of Article 15823 of the Civil Code and Calimlim
On April 6, 1989, Eliseo, a Bureau of Internal Revenue employee, despite notice, he caused the transfer of title in his name on July Canullas v. Hon. Fortun,24 the CA held that the subject property,
mortgaged TCT No. 1427, with Erlinda’s consent, to the 14, 1993;15 when the respondents failed to pay the monthly rentals originally Erlinda’s exclusive paraphernal property, became
Government Service Insurance System (GSIS) to secure a despite demand, he filed an ejectment case 16 against them with the conjugal property when it was used as collateral for a housing loan
₱136,500.00 housing loan, payable within twenty (20) years, Metropolitan Trial Court (MeTC), Branch 60, Mandaluyong City, that was paid through conjugal funds – Eliseo’s monthly salary
through monthly salary deductions of ₱1,687.66.8 The respondents on September 8, 1993, or sixteen days before the filing of the RTC deductions; the subject property, therefore, cannot be validly sold
then constructed a thirtysix (36)square meter, twostory case for annulment of the deed of absolute sale. or mortgaged without Eliseo’s consent, pursuant to Article 12425 of
residential house on the lot. the Family Code. Thus, the CA declared void the deed of absolute
During the pendency of the RTC case, or on March 29, 1995, the
sale, and set aside the RTC decision.
On July 14, 1993, the title to the subject property was transferred MeTC decided the ejectment case. It ordered Erlinda and her
to the petitioner by virtue of a Deed of Absolute Sale, dated April family to vacate the subject property, to surrender its possession to When the CA denied26 the subsequent motion for
30, 1992, executed by Erlinda, for herself and as attorneyinfact of the petitioner, and to pay the overdue rentals.17 reconsideration,27 the petitioner filed the present petition for review
Eliseo, for a stated consideration of ₱602,000.00.9 on certiorari under Rule 45 of the Revised Rules of Court.
6
THE PETITION registered in the name of one or both spouses, is presumed to be Article 120 of the Family Code, which supersedes Article 158 of
conjugal unless the contrary is proved.34 the Civil Code, provides the solution in determining the ownership
The petitioner argues that the CA misapplied the second paragraph
of the improvements that are made on the separate property of the
of Article 158 of the Civil Code and CalimlimCanullas 28 because In the present case, clear evidence that Erlinda inherited the
spouses, at the expense of the partnership or through the acts or
the respondents admitted in the complaint that it was the petitioner residential lot from her father has sufficiently rebutted this
efforts of either or both spouses. Under this provision, when the
who gave the money used to cancel the GSIS mortgage on TCT presumption of conjugal ownership.35 Pursuant to Articles 9236 and
cost of the improvement and any resulting increase in value are
No. 1427; Article 12029 of the Family Code is the applicable rule, 10937 of the Family Code, properties acquired by gratuitous title by
more than the value of the property at the time of the improvement,
and since the value of the house is less than the value of the lot, either spouse, during the marriage, shall be excluded from the
the entire property of one of the spouses shall belong to the
then Erlinda retained ownership of the subject property. He also community property and be the exclusive property of each
conjugal partnership, subject to reimbursement of the value of the
argues that the contract between the parties was a sale, not a spouse.38 The residential lot, therefore, is Erlinda’s exclusive
property of the ownerspouse at the time of the improvement;
mortgage, because (a) Erlinda did not deny her signature in the paraphernal property.
otherwise, said property shall be retained in ownership by the
document;30 (b) Erlinda agreed to sign a contract of lease over the
The CA, however, held that the residential lot became conjugal ownerspouse, likewise subject to reimbursement of the cost of the
subject property;31 and, (c) Erlinda executed a letter, dated April
when the house was built thereon through conjugal funds, applying improvement.41
30, 1992, confirming the conversion of the loan application to a
the second paragraph of Article 158 of the Civil Code and
deed of sale.32 In the present case, we find that Eliseo paid a portion only of the
CalimlimCanullas.39 Under the second paragraph of Article 158 of
GSIS loan through monthly salary deductions. From April 6,
THE CASE FOR THE RESPONDENTS the Civil Code, a land that originally belonged to one spouse
198942 to April 30, 1992,43 Eliseo paid about ₱60,755.76,44 not the
becomes conjugal upon the construction of improvements thereon
The respondents submit that it is unnecessary to compare the entire amount of the GSIS housing loan plus interest, since the
at the expense of the partnership. We applied this provision in
respective values of the house and of the lot to determine petitioner advanced the ₱176,445.2745 paid by Erlinda to cancel the
CalimlimCanullas,40 where we held that when the conjugal house
ownership of the subject property; it was acquired during their mortgage in 1992. Considering the ₱136,500.00 amount of the
is constructed on land belonging exclusively to the husband, the
marriage and, therefore, considered conjugal property. They also GSIS housing loan, it is fairly reasonable to assume that the value
land ipso facto becomes conjugal, but the husband is entitled to
submit that the transaction between the parties was not a sale, but of the residential lot is considerably more than the ₱60,755.76
reimbursement of the value of the land at the liquidation of the
an equitable mortgage because (a) they remained in possession of amount paid by Eliseo through monthly salary deductions.
conjugal partnership.
the subject property even after the execution of the deed of
Thus, the subject property remained the exclusive paraphernal
absolute sale, (b) they paid the 1993 real property taxes due on the The CA misapplied Article 158 of the Civil Code and
property of Erlinda at the time she contracted with the petitioner;
subject property, and (c) they received ₱200,000.00 only of the CalimlimCanullas the written consent of Eliseo to the transaction was not necessary.
total stated price of ₱602,000.00.
We cannot subscribe to the CA’s misplaced reliance on Article 158 The NBI finding that Eliseo’s signatures in the special power of
THE ISSUE of the Civil Code and CalimlimCanullas. attorney and affidavit were forgeries was immaterial.
7
the period of redemption or granting a new period is executed; That the petitioner advanced the sum of ₱200,000.00 to Erlinda is
(d) when the purchaser retains for himself a part of the undisputed. This advance, in fact, prompted the latter to transfer
purchase price; (e) when the vendor binds himself to pay the the subject property to the petitioner. Thus, before the respondents
taxes on the thing sold; and, (f) in any other case where it may can recover the subject property, they must first return the amount
be fairly inferred that the real intention of the parties is that of ₱200,000.00 to the petitioner, plus legal interest of 12% per
annum, computed from April 30, 1992.
the transaction shall secure the payment of a debt or the
performance of any other obligation. These instances apply to a We cannot sustain the ballooned obligation of ₱384,660.00,
contract purporting to be an absolute sale.47 claimed in the Statement of Account sent by the petitioner, 53 sans
any evidence of how this amount was arrived at. Additionally, a
For the presumption of an equitable mortgage to arise under
daily interest of ₱641.10 or ₱19,233.00 per month for a
Article 1602 of the Civil Code, two (2) requisites must concur: (a)
₱200,000.00 loan is patently unconscionable. While parties are
that the parties entered into a contract denominated as a contract of
free to stipulate on the interest to be imposed on monetary
sale; and, (b) that their intention was to secure an existing debt by
obligations, we can step in to temper the interest rates if they are
way of a mortgage. Any of the circumstances laid out in Article
unconscionable.54
1602 of the Civil Code, not the concurrence nor an overwhelming
number of the enumerated circumstances, is sufficient to support In Lustan v. CA,55 where we established the reciprocal obligations
the conclusion that a contract of sale is in fact an equitable of the parties under an equitable mortgage, we ordered the
mortgage.48 reconveyance of the property to the rightful owner therein upon the
payment of the loan within ninety (90) days from the finality of the
Contract is an equitable mortgage
decision.56
In the present case, there are four (4) telling circumstances
WHEREFORE, in light of all the foregoing, we
pointing to the existence of an equitable mortgage.
hereby DENY the present petition. The assailed decision and
First, the respondents remained in possession as lessees of the resolution of the Court of Appeals in CAG.R. CV No. 57126 are
subject property; the parties, in fact, executed a oneyear contract AFFIRMED with the following MODIFICATIONS:
of lease, effective May 1, 1992 to April 30, 1993.49
1. The Deed of Absolute Sale dated April 30, 1992 is
Second, the petitioner retained part of the "purchase price," the hereby declared an equitable mortgage; and
petitioner gave a ₱200,000.00 advance to settle the GSIS housing
2. The petitioner is obligated to RECONVEY to the
loan, but refused to give the ₱402,000.00 balance when Erlinda
respondents the property covered by Transfer
failed to submit Eliseo’s signed affidavit of waiver of rights.
Certificate of Title No. 7650 of the Register of Deeds of
Third, respondents paid the real property taxes on July 8, 1993, Mandaluyong City, UPON THE PAYMENT OF
despite the alleged sale on April 30, 1992; 50 payment of real ₱200,000.00, with 12% legal interest from April 30,
property taxes is a usual burden attaching to ownership and when, 1992, by respondents within NINETY DAYS FROM
as here, such payment is coupled with continuous possession of the THE FINALITY OF THIS DECISION.
property, it constitutes evidence of great weight that the person
Costs against the petitioner.
under whose name the realty taxes were declared has a valid and
rightful claim over the land.51 SO ORDERED.
Fourth, Erlinda secured the payment of the principal debt owed to ARTURO D. BRION
the petitioner with the subject property. The records show that the Associate Justice
petitioner, in fact, sent Erlinda a Statement of Account showing
that as of February 20, 1993, she owed ₱384,660.00, and the daily
interest, starting February 21, 1993, was ₱641.10.52 Thus, the
parties clearly intended an equitable mortgage and not a contract of
sale.
8
9
Republic of the Philippines Alfredo Ching with the then Court of First Instance of Rizal aside and nullified. The same petition insofar as it seeks to
SUPREME COURT (Pasig), Branch VIII, entitled "Ayala Investment and Development enjoin the respondent Judge from proceeding with Civil
Manila Corporation vs. Philippine Blooming Mills and Alfredo Ching," Case No. 46309 is, however, denied. No pronouncement is
docketed as Civil Case No. 42228. here made as to costs. . . . 5
SECOND DIVISION
After trial, the court rendered judgment ordering PBM and On September 3, 1983, AIDC filed a motion to dismiss the petition
G.R. No. 118305 February 12, 1998 respondenthusband Alfredo Ching to jointly and severally pay for injunction filed before Branch XIII of the CFI of Rizal (Pasig)
AYALA INVESTMENT & DEVELOPMENT CORP. and AIDC the principal amount of P50,300,000.00 with interests. on the ground that the same had become moot and academic with
the consummation of the sale. Respondents filed their opposition to
ABELARDO MAGSAJO, petitioners, Pending appeal of the judgment in Civil Case No. 42228, upon
the motion arguing, among others, that where a third party who
vs. motion of AIDC, the lower court issued a writ of execution
claim is ownership of the property attached or levied upon, a
COURT OF APPEALS and SPOUSES ALFREDO & pending appeal. Upon AIDC's putting up of an P8,000,000.00
different legal situation is presented; and that in this case, two (2)
ENCARNACION CHING, respondents. bond, a writ of execution dated May 12, 1982 was issued.
of the real properties are actually in the name of Encarnacion
Thereafter, petitioner Abelardo Magsajo, Sr., Deputy Sheriff of
MARTINEZ, J.: Ching, a nonparty to Civil Case No. 42228.
Rizal and appointed sheriff in Civil Case No. 42228, caused the
Under Article 161 of the Civil Code, what debts and obligations issuance and service upon respondentsspouses of a notice of The lower court denied the motion to dismiss. Hence, trial on the
contracted by the husband alone are considered "for the benefit of sheriff sale dated May 20, 1982 on three (3) of their conjugal merits proceeded. Private respondents presented several witnesses.
the conjugal partnership" which are chargeable against the properties. Petitioner Magsajo then scheduled the auction sale of On the other hand, petitioners did not present any evidence.
conjugal partnership? Is a surety agreement or an accommodation the properties levied.
On September 18, 1991, the trial court promulgated its decision
contract entered into by the husband in favor of his employer On June 9, 1982, private respondents filed a case of injunction declaring the sale on execution null and void. Petitioners appealed
within the contemplation of the said provision? against petitioners with the then Court of First Instance of Rizal to the respondent court, which was docketed as CAG.R. CV No.
These are the issues which we will resolve in this petition for (Pasig), Branch XIII, to enjoin the auction sale alleging that 29632.
review. petitioners cannot enforce the judgment against the conjugal
On April 14, 1994, the respondent court promulgated the assailed
partnership levied on the ground that, among others, the subject
The petitioner assails the decision dated April 14, 1994 of the decision, affirming the decision of the regional trial court. It held
loan did not redound to the benefit of the said conjugal
respondent Court of Appeals in "Spouses Alfredo and that:
partnership. 2 Upon application of private respondents, the lower
Encarnacion Ching vs. Ayala Investment and Development The loan procured from respondentappellant AIDC was for
court issued a temporary restraining order to prevent petitioner
Corporation, et. al.," docketed as CAG.R. CV No. the advancement and benefit of Philippine Blooming Mills
Magsajo from proceeding with the enforcement of the writ of
29632,1 upholding the decision of the Regional Trial Court of and not for the benefit of the conjugal partnership of
execution and with the sale of the said properties at public auction.
Pasig, Branch 168, which ruled that the conjugal partnership of petitionersappellees.
gains of respondentsspouses Alfredo and Encarnacion Ching is AIDC filed a petition for certiorari before the Court of x x x x x x x x x
not liable for the payment of the debts secured by respondent Appeals,3 questioning the order of the lower court enjoining the As to the applicable law, whether it is Article 161 of the
husband Alfredo Ching. sale. Respondent Court of Appeals issued a Temporary Restraining New Civil Code or Article 1211 of the Family Codesuffice
Order on June 25, 1982, enjoining the lower court 4 from enforcing it to say that the two provisions are substantially the same.
A chronology of the essential antecedent facts is necessary for a its Order of June 14, 1982, thus paving the way for the scheduled Nevertheless, We agree with the trial court that the Family
clear understanding of the case at bar. auction sale of respondentsspouses conjugal properties. Code is the applicable law on the matter . . . . . . .
Philippine Blooming Mills (hereinafter referred to as PBM) On June 25, 1982, the auction sale took place. AIDC being the Article 121 of the Family Code provides that "The conjugal
obtained a P50,300,000.00 loan from petitioner Ayala Investment only bidder, was issued a Certificate of Sale by petitioner Magsajo, partnership shall be liable for: . . . (2) All debts and
and Development Corporation (hereinafter referred to as AIDC). which was registered on July 2, 1982. Upon expiration of the obligations contracted during the marriage by the designated
As added security for the credit line extended to PBM, respondent redemption period, petitioner sheriff issued the final deed of sale AdministratorSpouse for the benefit of the conjugal
Alfredo Ching, Executive Vice President of PBM, executed on August 4, 1982 which was registered on August 9, 1983. partnership of gains . . . ." The burden of proof that the debt
security agreements on December 10, 1980 and on March 20, 1981 was contracted for the benefit of the conjugal partnership of
making himself jointly and severally answerable with PBM's In the meantime, the respondent court, on August 4, 1982, decided
gains, lies with the creditorparty litigant claiming as such.
indebtedness to AIDC. CAG.R. SP No. 14404, in this manner:
In the case at bar, respondentappellant AIDC failed to
WHEREFORE, the petition for certiorari in this case is prove that the debt was contracted by appelleehusband, for
PBM failed to pay the loan. Thus, on July 30, 1981, AIDC filed a
granted and the challenged order of the respondent Judge the benefit of the conjugal partnership of gains.
case for sum of money against PBM and respondenthusband
dated June 14, 1982 in Civil Case No. 46309 is hereby set
10
The dispositive portion of the decision reads: We do not agree with petitioners that there is a difference between business, the conjugal partnership must equally bear the
the terms "redounded to the benefit of" or "benefited from" on the indebtedness and the losses, unless he deliberately acted to
WHEREFORE, in view of all the foregoing, judgment is
one hand; and "for the benefit of" on the other. They mean one and the prejudice of his family. (GTractors)
hereby rendered DISMISSING the appeal. The decision of
the same thing. Article 161 (1) of the Civil Code and Article 121
the Regional Trial Court is AFFIRMED in toto.6 However, in the cases of Ansaldo vs. Sheriff of Manila, Fidelity
(2) of the Family Code are similarly worded, i.e., both use the term
Insurance & Luzon Insurance Co.,14 Liberty Insurance
Petitioner filed a Motion for Reconsideration which was denied by "for the benefit of." On the other hand, Article 122 of the Family
Corporation vs. Banuelos, 15 and Luzon Surety Inc. vs. De
the respondent court in a Resolution dated November 28, 1994.7 Code provides that "The payment of personal debts by the husband
Garcia, 16 cited by the respondents, we ruled that:
or the wife before or during the marriage shall not be charged to
Hence, this petition for review. Petitioner contends that the
the conjugal partnership except insofar as they redounded to the The fruits of the paraphernal property which form part of
"respondent court erred in ruling that the conjugal partnership of
benefit of the family." As can be seen, the terms are used the assets of the conjugal partnership, are subject to the
private respondents is not liable for the obligation by the
interchangeably. payment of the debts and expenses of the spouses, but not to
respondenthusband."
the payment of the personal obligations (guaranty
Petitioners further contend that the ruling of the respondent court
Specifically, the errors allegedly committed by the respondent agreements) of the husband, unless it be proved that such
runs counter to the pronouncement of this Court in the case
court are as follows: obligations were productive of some benefit to the family."
of CobbPerez vs. Lantin,9 that the husband as head of the family
(Ansaldo; parenthetical phrase ours.)
I. RESPONDENT COURT ERRED IN RULING and as administrator of the conjugal partnership is presumed to
THAT THE OBLIGATION INCURRED have contracted obligations for the benefit of the family or the When there is no showing that the execution of an
RESPONDENT HUSBAND DID NOT REDOUND conjugal partnership. indemnity agreement by the husband redounded to the
TO THE BENEFIT OF THE CONJUGAL benefit of his family, the undertaking is not a conjugal debt
Contrary to the contention of the petitioners, the case of Cobb
PARTNERSHIP OF THE PRIVATE RESPONDENT. but an obligation personal to him. (Liberty Insurance)
Perez is not applicable in the case at bar. This Court has, on several
II. RESPONDENT COURT ERRED IN RULING instances, interpreted the term "for the benefit of the conjugal In the most categorical language, a conjugal partnership
THAT THE ACT OF RESPONDENT HUSBAND IN partnership." under Article 161 of the new Civil Code is liable only for
SECURING THE SUBJECT LOAN IS NOT PART OF such "debts and obligations contracted by the husband for
In the cases of Javier vs. Osmeña, 10 Abella de Diaz vs. Erlanger &
HIS INDUSTRY, BUSINESS OR CAREER FROM the benefit of the conjugal partnership." There must be the
Galinger, Inc., 11 CobbPerez vs. Lantin 12 and GTractors,
WHICH HE SUPPORTS HIS FAMILY. requisite showing then of some advantage which clearly
Inc. vs. Court of Appeals, 13 cited by the petitioners, we held that:
accrued to the welfare of the spouses. Certainly, to make a
Petitioners in their appeal point out that there is no need to prove
The debts contracted by the husband during the marriage conjugal partnership respond for a liability that should
that actual benefit redounded to the benefit of the partnership; all
relation, for and in the exercise of the industry or profession appertain to the husband alone is to defeat and frustrate the
that is necessary, they say, is that the transaction was entered into
by which he contributes toward the support of his family, avowed objective of the new Civil Code to show the utmost
for the benefit of the conjugal partnership. Thus, petitioners aver
are not his personal and private debts, and the products or concern for the solidarity and wellbeing of the family as a
that:
income from the wife's own property, which, like those of unit. The husband, therefore, is denied the power to assume
The wordings of Article 161 of the Civil Code is very clear: her husband's, are liable for the payment of the marriage unnecessary and unwarranted risks to the financial stability
for the partnership to be held liable, the husband must have expenses, cannot be excepted from the payment of such of the conjugal partnership. (Luzon Surety, Inc.)
contracted the debt "for the benefit of the partnership, thus: debts. (Javier)
From the foregoing jurisprudential rulings of this Court, we can
Art. 161. The conjugal partnership shall be liable for: The husband, as the manager of the partnership (Article derive the following conclusions:
1412, Civil Code), has a right to embark the partnership in
1) all debts and obligations contracted by the husband (A) If the husband himself is the principal obligor in the
an ordinary commercial enterprise for gain, and the fact that
for the benefit of the conjugal partnership . . . . contract, i.e., he directly received the money and services to be
the wife may not approve of a venture does not make it a
used in or for his own business or his own profession, that contract
There is a difference between the phrases: "redounded to the private and personal one of the husband. (Abella de Diaz)
falls within the term . . . . obligations for the benefit of the conjugal
benefit of" or "benefited from" (on the one hand) and "for
Debts contracted by the husband for and in the exercise of partnership." Here, no actual benefit may be proved. It is enough
the benefit of (on the other). The former require that actual
the industry or profession by which he contributes to the that the benefit to the family is apparent at the time of the signing
benefit must have been realized; the latter requires only that
support of the family, cannot be deemed to be his exclusive of the contract. From the very nature of the contract of loan or
the transaction should be one which normally would
and private debts. (CobbPerez). services, the family stands to benefit from the loan facility or
produce benefit to the partnership, regardless of whether or
services to be rendered to the business or profession of the
not actual benefit accrued.8 . . . if he incurs an indebtedness in the legitimate pursuit of
husband. It is immaterial, if in the end, his business or profession
his career or profession or suffers losses in a legitimate
fails or does not succeed. Simply stated, where the husband
11
contracts obligations on behalf of the family business, the law The debt is clearly a corporate debt and respondent (a) The employment of corespondent Alfredo Ching
presumes, and rightly so, that such obligation will redound to the appellant's right of recourse against appelleehusband as would be prolonged and he would be entitled to his
benefit of the conjugal partnership. surety is only to the extent of his corporate stockholdings. It monthly salary of P20,000.00 for an extended length of
does not extend to the conjugal partnership of gains of the time because of the loan he guaranteed;
(B) On the other hand, if the money or services are given to
family of petitionersappellees. . . . . . .17
another person or entity, and the husband acted only as (b) The shares of stock of the members of his family
a surety or guarantor, that contract cannot, by itself, alone be Petitioners contend that no actual benefit need accrue to the would appreciate if the PBM could be rehabilitated
categorized as falling within the context of "obligations for the conjugal partnership. To support this contention, they cite Justice through the loan obtained;
benefit of the conjugal partnership." The contract of loan or J.B.L. Reyes' authoritative opinion in the Luzon Surety Company
(c) His prestige in the corporation would be enhanced
services is clearly for the benefit of the principal debtor and not for case:
and his career would be boosted should PBM survive
the surety or his family. No presumption can be inferred that, when
I concur in the result, but would like to make of record that, because of the loan.
a husband enters into a contract of surety or accommodation
in my opinion, the words "all debts and obligations
agreement, it is "for the benefit of the conjugal partnership." Proof However, these are not the benefits contemplated by Article 161 of
contracted by the husband for the benefit of the conjugal
must be presented to establish benefit redounding to the conjugal the Civil Code. The benefits must be one directly resulting from
partnership" used in Article 161 of the Civil Code of the
partnership. the loan. It cannot merely be a byproduct or a spinoff of the loan
Philippines in describing the charges and obligations for
itself.
Thus, the distinction between the CobbPerez case, and we add, which the conjugal partnership is liable do not require that
that of the three other companion cases, on the one hand, and that actual profit or benefit must accrue to the conjugal In all our decisions involving accommodation contracts of the
of Ansaldo, Liberty Insurance and Luzon Surety, is that in the partnership from the husband's transaction; but it suffices husband, 18 we underscored the requirement that: "there must be
former, the husband contracted the obligation for his own business; that the transaction should be one that normally would the requisite showing . . . of some advantage which clearly accrued
while in the latter, the husband merely acted as a surety for the produce such benefit for the partnership. This is the ratio to the welfare of the spouses" or "benefits to his family" or "that
loan contracted by another for the latter's business. behind our ruling in Javier vs. Osmeña, 34 Phil. 336, that such obligations are productive of some benefit to the family."
obligations incurred by the husband in the practice of his Unfortunately, the petition did not present any proof to show: (a)
The evidence of petitioner indubitably show that corespondent
profession are collectible from the conjugal partnership. Whether or not the corporate existence of PBM was prolonged and
Alfredo Ching signed as surety for the P50M loan contracted on
for how many months or years; and/or (b) Whether or not the PBM
behalf of PBM. petitioner should have adduced evidence to prove The aforequoted concurring opinion agreed with the majority
was saved by the loan and its shares of stock appreciated, if so,
that Alfredo Ching's acting as surety redounded to the benefit of decision that the conjugal partnership should not be made liable for
how much and how substantial was the holdings of the Ching
the conjugal partnership. The reason for this is as lucidly explained the surety agreement which was clearly for the benefit of a third
family.
by the respondent court: party. Such opinion merely registered an exception to what may be
construed as a sweeping statement that in all cases actual profit or Such benefits (prospects of longer employment and probable
The loan procured from respondentappellant AIDC was for
benefit must accrue to the conjugal partnership. The opinion increase in the value of stocks) might have been already apparent
the advancement and benefit of Philippine Blooming Mills
merely made it clear that no actual benefits to the family need be or could be anticipated at the time the accommodation agreement
and not for the benefit of the conjugal partnership of
proved in some cases such as in the Javier case. There, the husband was entered into. But would those "benefits" qualify the
petitionersappellees. Philippine Blooming Mills has a
was the principal obligor himself. Thus, said transaction was found transaction as one of the "obligations . . . for the benefit of the
personality distinct and separate from the family of
to be "one that would normally produce . . . benefit for the conjugal partnership"? Are indirect and remote probable benefits,
petitionersappellees — this despite the fact that the
partnership." In the later case of GTractors, Inc., the husband was the ones referred to in Article 161 of the Civil Code? The Court of
members of the said family happened to be stockholders of
also the principal obligor — not merely the surety. This latter case, Appeals in denying the motion for reconsideration, disposed of
said corporate entity.
therefore, did not create any precedent. It did not also supersede these questions in the following manner:
x x x x x x x x x the Luzon Surety Company case, nor any of the previous
No matter how one looks at it, the debt/credit respondents
accommodation contract cases, where this Court ruled that they
. . . . The burden of proof that the debt was contracted for appellants is purely a corporate debt granted to PBM, with
were for the benefit of third parties.
the benefit of the conjugal partnership of gains, lies with the petitionerappelleehusband merely signing as surety. While
creditorparty litigant claiming as such. In the case at bar, But it could be argued, as the petitioner suggests, that even in such such petitionerappelleehusband, as such surety, is
respondentappellant AIDC failed to prove that the debt was kind of contract of accommodation, a benefit for the family may solidarily liable with the principal debtor AIDC, such
contracted by appelleehusband, for the benefit of the also result, when the guarantee is in favor of the husband's liability under the Civil Code provisions is specifically
conjugal partnership of gains. What is apparent from the employer. restricted by Article 122 (par. 1) of the Family Code, so that
facts of the case is that the judgment debt was contracted by debts for which the husband is liable may not be charged
In the case at bar, petitioner claims that the benefits the respondent
or in the name of the Corporation Philippine Blooming against conjugal partnership properties. Article 122 of the
family would reasonably anticipate were the following:
Mills and appelleehusband only signed as surety thereof. Family Code is explicit — "The payment of personal debts
12
contracted by the husband or the wife before or during the a surety agreement he, from then on, definitely put in peril the WHEREFORE, the petition for review should be, as it is hereby,
marriage shall not be charged to the conjugal partnership conjugal property (in this case, including the family home) and DENIED for lack of merit.
except insofar as they redounded to the benefit of the placed it in danger of being taken gratuitously as in cases of
SO ORDERED.
family. donation.
Regalado, Melo, Puno and Mendoza, JJ., concur.
Respondentsappellants insist that the corporate debt in In the second assignment of error, the petitioner advances the view
question falls under the exception laid down in said Article that acting as surety is part of the business or profession of the
122 (par. one). We do not agree. The loan procured from respondenthusband.
respondentappellant AIDC was for the sole advancement
This theory is new as it is novel.
and benefit of Philippine Blooming Mills and not for the
benefit of the conjugal partnership of petitionersappellees. The respondent court correctly observed that:
18
their union, in the absence of proof to the contrary, are presumed to
have been obtained through the joint efforts of the parties and will
be owned by them in equal shares.
Article 147 creates a presumption that properties acquired during
the cohabitation of the parties have been acquired through their
joint efforts, work or industry and shall be owned by them in equal
shares. It further provides that a party who did not participate in
the acquisition by the other party of any property shall be deemed
to have contributed jointly in the acquisition thereof if the former’s
efforts consisted in the care and maintenance of the family and of
the household.
While it is true that all the properties were bought from the
proceeds of the pizza business, petitioner himself testified that
respondent was not a plain housewife and that she helped him in
managing the business. In his handwritten letter to her dated
September 6, 1989, he admitted that "You’ve helped me for what
we are now and I won’t let it be destroyed."
In petitions for review on certiorari under Rule 45 of the Rules of
Court, the general rule is that only questions of law may be raised
by the parties and passed upon by this Court. 2 Factual findings of
the Appellate Court are generally binding on, especially this Court,
when in complete accord with the findings of the trial court,3 as in
this case. This is because it is not our function to analyze or weigh
the evidence all over again.4
SO ORDERED.
ANGELINA SANDOVALGUTIERREZ
Associate Justice
19
Republic of the Philippines damages and the cost of suit of the plaintiff aside from your lawful In an Order5 dated 18 April 1994, the RTC dismissed respondent’s
SUPREME COURT fees on this execution and do likewise return this writ into court complaint and ruled that Branch 19 has jurisdiction over the case,
Manila within sixty (60) days from date, with your proceedings endorsed thus:
hereon.
SECOND DIVISION As correctly pointed out by the defendants, any flaw in the
But if sufficient personal property cannot be found whereof to implementation of the writ of execution by the implementing
G.R. No. 145222 April 24, 2009 satisfy this execution and lawful fees thereon, then you are sheriff must be brought before the court issuing the writ of
SPOUSES ROBERTO BUADO and VENUS commanded that of the lands and buildings of said defendant you execution. Besides, there are two (2) remedies open to the plaintiff,
make the said sum of money in the manner required by the Rules if he feels that the property being levied on belongs to him and not
BUADO, Petitioners,
of Court, and make return of your proceedings with this writ within to the judgment debtor. The first remedy is to file a thirdparty
vs.
sixty (60) days from date.3 claim. If he fails to do this, a right is reserved to him to vindicate
THE HONORABLE COURT OF APPEALS, Former Division,
his claim over the property by any proper action. But certainly, this
and ROMULO NICOL, Respondents. Finding Erlinda Nicol’s personal properties insufficient to satisfy
is not the proper action reserved to the plaintiff to vindicate his
the judgment, the Deputy Sheriff issued a notice of levy on real
D E C I S I O N claim over the property in question to be ventilated before this
property on execution addressed to the Register of Deeds of
court. As earlier stated, this case should have been addressed to
TINGA, J.: Cavite. The notice of levy was annotated on the Transfer
Branch 19, RTC Bacoor as it was that court which issued the writ
Certificate of Title No. T125322.
Before this Court is a petition for certiorari assailing the of execution.6
Decision1 of the Court of Appeals in CAG.R. CV No. 47029 and On 20 November 1992, a notice of sheriff’s sale was issued.
Respondent moved for reconsideration but it was denied on 26 July
its Resolution denying the motion for reconsideration thereof. Two (2) days before the public auction sale on 28 January 1993, an 1994.
The case stemmed from the following factual backdrop: affidavit of thirdparty claim from one Arnulfo F. Fulo was
On appeal, the Court of Appeals reversed the trial court and held
received by the deputy sheriff prompting petitioners to put up a
On 30 April 1984, Spouses Roberto and Venus Buado (petitioners) that Branch 21 has jurisdiction to act on the complaint filed by
sheriff’s indemnity bond. The auction sale proceeded with
filed a complaint for damages against Erlinda Nicol (Erlinda) appellant. The dispositive portion reads:
petitioners as the highest bidder.
with Branch 19 of the Regional Trial Court (RTC) of Bacoor, WHEREFORE, the Orders appealed from are hereby REVERSED
Cavite, docketed as Civil Case No. 8433. Said action originated On 4 February 1993, a certificate of sale was issued in favor of
and SET ASIDE. This case is REMANDED to the Regional Trial
from Erlinda Nicol’s civil liability arising from the criminal petitioners.
Court of Imus, Cavite, Branch 21 for further proceedings.
offense of slander filed against her by petitioners. Almost a year later on 2 February 1994, Romulo Nicol
SO ORDERED.7
On 6 April 1987, the trial court rendered a decision ordering (respondent), the husband of Erlinda Nicol, filed a complaint for
Erlinda to pay damages. The dispositive portion reads: annulment of certificate of sale and damages with preliminary Petitioners’ motion for reconsideration was denied on 23 August
injunction against petitioners and the deputy sheriff. Respondent, 2000. Hence, the instant petition attributing grave abuse of
Wherefore, judgment is hereby rendered in favor of the plaintiff[s] as plaintiff therein, alleged that the defendants, now petitioners, discretion on the part of the Court of Appeals.
and against defendant ordering the latter to pay the former the connived and directly levied upon and execute his real property
amount of thirty thousand (₱30,000.00) pesos as moral damages, without exhausting the personal properties of Erlinda Nicol. A petition for certiorari is an extraordinary remedy that is adopted
five thousand (₱5,000.00) pesos as attorney’s fees and litigation Respondent averred that there was no proper publication and to correct errors of jurisdiction committed by the lower court or
expenses, another five thousand (₱5,000.00) pesos as exemplary posting of the notice of sale. Furthermore, respondent claimed that quasijudicial agency, or when there is grave abuse of discretion on
damages and the cost of suit.2 his property which was valued at ₱500,000.00 was only sold at a the part of such court or agency amounting to lack or excess of
"very low price" of ₱51,685.00, whereas the judgment obligation jurisdiction. Where the error is not one of jurisdiction, but of law
Said decision was affirmed, successively, by the Court of Appeals or fact which is a mistake of judgment, the proper remedy should
of Erlinda Nicol was only ₱40,000.00. The case was assigned
and this Court. It became final and executory on 5 March 1992. be appeal. In addition, an independent action for certiorari may be
to Branch 21 of the RTC of Imus, Cavite.
On 14 October 1992, the trial court issued a writ of execution, a availed of only when there is no appeal or any plain, speedy and
portion of which provides: In response, petitioners filed a motion to dismiss on the grounds of adequate remedy in the ordinary course of law.8
lack of jurisdiction and that they had acted on the basis of a valid
Now, therefore, you are commanded that of the goods and chattels Nowhere in the petition was it shown that the jurisdiction of the
writ of execution. Citing De Leon v. Salvador,4 petitioners claimed
of the defendant Erlinda Nicol, or from her estates or legal heirs, Court of Appeals was questioned. The issue devolves on whether
that respondent should have filed the case with Branch 19 where
you cause the sum in the amount of forty thousand pesos the husband of the judgment debtor may file an independent action
the judgment originated and which issued the order of execution,
(₱40,000.00), Philippine Currency, representing the moral to protect the conjugal property subject to execution. The alleged
writ of execution, notice of levy and notice of sheriff’s sale.
damages, attorney’s fees and litigation expenses and exemplary
20
error therefore is an error of judgment which is a proper subject of When the writ of execution is issued in favor of the Republic of the Petitioners argue that the obligation of the wife arising from her
an appeal. Philippines, or any officer duly representing it, the filing of such criminal liability is chargeable to the conjugal partnership. We do
bond shall not be required, and in case the sheriff or levying officer not agree.
Nevertheless, even if we were to treat this petition as one for
is sued for damages as a result of the levy, he shall be represented
review, the case should still be dismissed on substantive grounds. There is no dispute that contested property is conjugal in nature.
by the Solicitor General and if held liable therefor, the actual
Article 122 of the Family Code 16 explicitly provides that payment
Petitioners maintain that Branch 19 retained jurisdiction over its damages adjudged by the court shall be paid by the National
of personal debts contracted by the husband or the wife before or
judgment to the exclusion of all other coordinate courts for its Treasurer out of such funds as may be appropriated for the
during the marriage shall not be charged to the conjugal
execution and all incidents thereof, in line with De Leon v. purpose. (Emphasis Supplied)
partnership except insofar as they redounded to the benefit of the
Salvador. Petitioners insist that respondent, who is the husband of
Apart from the remedy of terceria available to a thirdparty family.
the judgment debtor, is not the "third party" contemplated in
claimant or to a stranger to the foreclosure suit against the sheriff
Section 17 (now Section 16), Rule 39 of the Rules of Court, hence Unlike in the system of absolute community where liabilities
or officer effecting the writ by serving on him an affidavit of his
a separate action need not be filed. Furthermore, petitioners assert incurred by either spouse by reason of a crime or quasidelict is
title and a copy thereof upon the judgment creditor, a thirdparty
that the obligation of the wife redounded to the benefit of the chargeable to the absolute community of property, in the absence
claimant may also resort to an independent separate action, the
conjugal partnership and cited authorities to the effect that the or insufficiency of the exclusive property of the debtorspouse, the
object of which is the recovery of ownership or possession of the
husband is liable for the tort committed by his wife. same advantage is not accorded in the system of conjugal
property seized by the sheriff, as well as damages arising from
partnership of gains. The conjugal partnership of gains has no duty
Respondent on the other hand merely avers that the decision of the wrongful seizure and detention of the property. If a separate action
to make advance payments for the liability of the debtorspouse.
Court of Appeals is supported by substantial evidence and in is the recourse, the thirdparty claimant must institute in a forum of
accord with law and jurisprudence.9 competent jurisdiction an action, distinct and separate from the Parenthetically, by no stretch of imagination can it be concluded
action in which the judgment is being enforced, even before or that the civil obligation arising from the crime of slander
Verily, the question of jurisdiction could be resolved through a without need of filing a claim in the court that issued the committed by Erlinda redounded to the benefit of the conjugal
proper interpretation of Section 16, Rule 39 of the Rules of Court, writ.101awphi1.zw+ partnership.
which reads:
A thirdparty claim must be filed a person other than the judgment To reiterate, conjugal property cannot be held liable for the
Sec. 16. Proceedings where property claimed by third person. debtor or his agent. In other words, only a stranger to the case may personal obligation contracted by one spouse, unless some
If the property levied on is claimed by any person other than the file a thirdparty claim. advantage or benefit is shown to have accrued to the conjugal
judgment obligor or his agent, and such person makes an affidavit partnership.17
This leads us to the question: Is the husband, who was not a party
of his title thereto or right to the possession thereof, stating the to the suit but whose conjugal property is being executed on In Guadalupe v. Tronco,18 this Court held that the car which was
grounds of such right or title, and serves the same upon the officer account of the other spouse being the judgment obligor, considered claimed by the third party complainant to be conjugal property was
making the levy and a copy thereof upon the judgment obligee, the a "stranger?" being levied upon to enforce "a judgment for support" filed by a
officer shall not be bound to keep the property, unless such
third person, the thirdparty claim of the wife is proper since the
judgment obligee, on demand of the officer, files a bond approved In determining whether the husband is a stranger to the suit, the
obligation which is personal to the husband is chargeable not on
by the court to indemnify the thirdparty claimant in a sum not less character of the property must be taken into account. In Mariano v.
the conjugal property but on his separate property.
than the value of the property levied on. In case of disagreement as Court of Appeals,11 which was later adopted in Spouses Ching v.
to such value, the same shall be determined by the court issuing the Court of Appeals,12 this Court held that the husband of the Hence, the filing of a separate action by respondent is proper and
writ of execution. No claim for damages for the taking or keeping judgment debtor cannot be deemed a "stranger" to the case jurisdiction is thus vested on Branch 21. Petitioners failed to show
of the property may be enforced against the bond unless the action prosecuted and adjudged against his wife for an obligation that has that the Court of Appeals committed grave abuse of discretion in
therefor is filed within one hundred twenty (120) days from the redounded to the benefit of the conjugal partnership. 13 On the other remanding the case to Branch 21 for further proceedings.
date of the filing of the bond. hand, in Naguit v. Court of Appeals 14 and Sy v. Discaya,15 the
Court stated that a spouse is deemed a stranger to the action WHEREFORE, the petition is DISMISSED. The Decision of the
The officer shall not be liable for damages for the taking or wherein the writ of execution was issued and is therefore justified Court of Appeals is AFFIRMED. Costs against petitioners.
keeping of the property, to any thirdparty claimant if such bond is in bringing an independent action to vindicate her right of
filed. Nothing herein contained shall prevent such claimant or any SO ORDERED.
ownership over his exclusive or paraphernal property.lawphil.net
third person from vindicating his claim to the property in a
DANTE O. TINGA
separate action, or prevent the judgment obligee from claiming Pursuant to Mariano however, it must further be settled whether
Associate Justice
damages in the same or a separate action against a thirdparty the obligation of the judgment debtor redounded to the benefit of
claimant who filed a frivolous or plainly spurious claim. the conjugal partnership or not.
21
22
Republic of the Philippines On April 3, 2002, petitioner Efren and his wife Melecia filed a None of the spouses is dead. Therefore, no vested rights have been
SUPREME COURT motion to quash the writ of execution, claiming that the levied acquired by each over the properties of the community. Hence, the
Manila properties were conjugal assets, not paraphernal assets of liabilities imposed on the accusedspouse may properly be charged
Melecia.9 On September 16, 2002 the RTC denied the against the community as heretofore discussed.15
THIRD DIVISION
motion.10 The spouses moved for reconsideration but the RTC
The RTC applied the same reasoning as above. 16 Efren and
G.R. No. 164201 December 10, 2012 denied the same on March 6, 2003.11
Melecia’s property relation was admittedly conjugal under the
EFREN PANA, Petitioner, Claiming that the RTC gravely abused its discretion in issuing the Civil Code but, since the transitory provision of the Family Code
vs. challenged orders, Efren filed a petition for certiorari before the gave its provisions retroactive effect if no vested or acquired rights
Court of Appeals (CA). On January 29, 2004 the CA dismissed the are impaired, that property relation between the couple was
HEIRS OF JOSE JUANITE, SR. and JOSE JUANITE,
petition for failure to sufficiently show that the RTC gravely changed when the Family Code took effect in 1988. The latter code
JR., Respondents.
abused its discretion in issuing its assailed orders.12 It also denied now prescribes in Article 75 absolute community of property for
D E C I S I O N Efren’s motion for reconsideration,13 prompting him to file the all marriages unless the parties entered into a prenuptial agreement.
present petition for review on certiorari. As it happens, Efren and Melecia had no prenuptial agreement.
ABAD, J.: The CA agreed with this position.17
The Issue Presented
This case is about the propriety of levy and execution on conjugal Both the RTC and the CA are in error on this point. While it is true
properties where one of the spouses has been found guilty of a The sole issue presented in this case is whether or not the CA erred that the personal stakes of each spouse in their conjugal assets are
crime and ordered to pay civil indemnities to the victims' heirs. in holding that the conjugal properties of spouses Efren and inchoate or unclear prior to the liquidation of the conjugal
Melecia can be levied and executed upon for the satisfaction of partnership of gains and, therefore, none of them can be said to
The Facts and the Case
Melecia’s civil liability in the murder case. have acquired vested rights in specific assets, it is evident that
The prosecution accused petitioner Efren Pana (Efren), his wife Article 256 of the Family Code does not intend to reach back and
Ruling of the Court
Melecia, and others of murder before the. Regional Trial Court automatically convert into absolute community of property relation
(RTC) of Surigao City in Criminal Cases 4232 and 4233.1 To determine whether the obligation of the wife arising from her all conjugal partnerships of gains that existed before 1988
criminal liability is chargeable against the properties of the excepting only those with prenuptial agreements.
On July 9, 1997 the RTC rendered a consolidated
marriage, the Court has first to identify the spouses’ property
decision2 acquitting Efren of the charge for insufficiency of The Family Code itself provides in Article 76 that marriage
relations.
evidence but finding Melecia and another person guilty as charged settlements cannot be modified except prior to marriage.
and sentenced them to the penalty of death. The RTC ordered those Efren claims that his marriage with Melecia falls under the regime
found guilty to pay each of the heirs of the victims, jointly and of conjugal partnership of gains, given that they were married prior Art. 76. In order that any modification in the marriage settlements
severally, P50,000.00 as civil indemnity, P50,000.00 each as moral to the enactment of the Family Code and that they did not execute may be valid, it must be made before the celebration of the
damages, and P150,000.00 actual damages. any prenuptial agreement.14 Although the heirs of the deceased marriage, subject to the provisions of Articles 66, 67, 128, 135 and
victims do not dispute that it was the Civil Code, not the Family 136.
On appeal to this Court, it affirmed on May 24, 2001 the
Code, which governed the marriage, they insist that it was the Clearly, therefore, the conjugal partnership of gains that governed
conviction of both accused but modified the penalty to reclusion
system of absolute community of property that applied to Efren the marriage between Efren and Melecia who were married prior to
perpetua. With respect to the monetary awards, the Court also
and Melecia. The reasoning goes: 1988 cannot be modified except before the celebration of that
affirmed the award of civil indemnity and moral damages but
deleted the award for actual damages for lack of evidentiary basis. Admittedly, the spouses were married before the effectivity of the marriage.
In its place, however, the Court made an award of P15,000.00 each Family Code. But that fact does not prevent the application of Postmarriage modification of such settlements can take place only
by way of temperate damages. In addition, the Court awarded [A]rt. 94, last paragraph, of the Family Code because their where: (a) the absolute community or conjugal partnership was
P50,000.00 exemplary damages per victim to be paid solidarily by property regime is precisely governed by the law on absolute dissolved and liquidated upon a decree of legal separation; 18 (b) the
them.3 The decision became final and executory on October 1, community. This finds support in Art. 256 of the Family Code spouses who were legally separated reconciled and agreed to
2001.4 which states: revive their former property regime;19 (c) judicial separation of
Upon motion for execution by the heirs of the deceased, on March "This code shall have retroactive effect in so far as it does not property had been had on the ground that a spouse abandons the
12, 2002 the RTC ordered the issuance of the writ, 5 resulting in the prejudice or impair vested or acquired rights in accordance with other without just cause or fails to comply with his obligations to
levy of real properties registered in the names of Efren and the Civil Code or other laws." the family;20 (d) there was judicial separation of property under
Melecia.6 Subsequently, a notice of levy7 and a notice of sale on Article 135; (e) the spouses jointly filed a petition for the voluntary
execution8 were issued. dissolution of their absolute community or conjugal partnership of
23
gains.21 None of these circumstances exists in the case of Efren and The provisions of this Chapter [on the Conjugal Partnership of (4) All taxes, liens, charges, and expenses, including
Melecia. Gains] shall also apply to conjugal partnerships of gains already major or minor repairs upon the conjugal partnership
established between spouses before the effectivity of this Code, property;
What is more, under the conjugal partnership of gains established
without prejudice to vested rights already acquired in accordance
by Article 142 of the Civil Code, the husband and the wife place (5) All taxes and expenses for mere preservation made
with the Civil Code or other laws, as provided in Article 256."23
only the fruits of their separate property and incomes from their during the marriage upon the separate property of either
work or industry in the common fund. Thus: Consequently, the Court must refer to the Family Code provisions spouse;
in deciding whether or not the conjugal properties of Efren and
Art. 142. By means of the conjugal partnership of gains the (6) Expenses to enable either spouse to commence or
Melecia may be held to answer for the civil liabilities imposed on
husband and wife place in a common fund the fruits of their complete a professional, vocational, or other activity for
Melecia in the murder case. Its Article 122 provides:
separate property and the income from their work or industry, and selfimprovement;
divide equally, upon the dissolution of the marriage or of the Art. 122. The payment of personal debts contracted by the husband
(7) Antenuptial debts of either spouse insofar as they
partnership, the net gains or benefits obtained indiscriminately by or the wife before or during the marriage shall not be charged to
have redounded to the benefit of the family;
either spouse during the marriage. the conjugal properties partnership except insofar as they
redounded to the benefit of the family. (8) The value of what is donated or promised by both
This means that they continue under such property regime to enjoy
spouses in favor of their common legitimate children
rights of ownership over their separate properties. Consequently, to Neither shall the fines and pecuniary indemnities imposed upon
for the exclusive purpose of commencing or completing
automatically change the marriage settlements of couples who got them be charged to the partnership.
a professional or vocational course or other activity for
married under the Civil Code into absolute community of property
However, the payment of personal debts contracted by either selfimprovement; and
in 1988 when the Family Code took effect would be to impair their
spouse before the marriage, that of fines and indemnities imposed
acquired or vested rights to such separate properties. (9) Expenses of litigation between the spouses unless
upon them, as well as the support of illegitimate children of either
the suit is found to be groundless.
The RTC cannot take advantage of the spouses’ loose admission spouse, may be enforced against the partnership assets after the
that absolute community of property governed their property responsibilities enumerated in the preceding Article have been If the conjugal partnership is insufficient to cover the foregoing
relation since the record shows that they had been insistent that covered, if the spouse who is bound should have no exclusive liabilities, the spouses shall be solidarily liable for the unpaid
their property regime is one of conjugal partnership of gains.22 No property or if it should be insufficient; but at the time of the balance with their separate properties.1âwphi1
evidence of a prenuptial agreement between them has been liquidation of the partnership, such spouse shall be charged for
presented. what has been paid for the purpose abovementioned. Contrary to Efren’s contention, Article 121 above allows payment
of the criminal indemnities imposed on his wife, Melecia, out of
What is clear is that Efren and Melecia were married when the Since Efren does not dispute the RTC’s finding that Melecia has the partnership assets even before these are liquidated. Indeed, it
Civil Code was still the operative law on marriages. The no exclusive property of her own,24 the above applies. The civil states that such indemnities "may be enforced against the
presumption, absent any evidence to the contrary, is that they were indemnity that the decision in the murder case imposed on her may partnership assets after the responsibilities enumerated in the
married under the regime of the conjugal partnership of gains. be enforced against their conjugal assets after the responsibilities preceding article have been covered."[26] No prior liquidation of
Article 119 of the Civil Code thus provides: enumerated in Article 121 of the Family Code have been those assets is required. This is not altogether unfair since Article
covered.25 Those responsibilities are as follows: 122 states that "at the time of liquidation of the partnership, such
Art. 119. The future spouses may in the marriage settlements agree
[offending] spouse shall be charged for what has been paid for the
upon absolute or relative community of property, or upon complete Art. 121. The conjugal partnership shall be liable for:
purposes abovementioned."
separation of property, or upon any other regime. In the absence of
(1) The support of the spouse, their common children,
marriage settlements, or when the same are void, the system of WHEREFORE, the
and the legitimate children of either spouse; however,
relative community or conjugal partnership of gains as established Court AFFIRMS with MODIFICATION the Resolutions of the
the support of illegitimate children shall be governed by
in this Code, shall govern the property relations between husband Court of Appeals in CAG.R. SP 77198 dated January 29, 2004
the provisions of this Code on Support;
and wife. and May 14, 2004. The Regional Trial Court of Surigao City,
(2) All debts and obligations contracted during the Branch 30, shall first ascertain that, in enforcing the writ of
Of course, the Family Code contains terms governing conjugal
marriage by the designated administratorspouse for the execution on the conjugal properties of spouses Efren and Melecia
partnership of gains that supersede the terms of the conjugal
benefit of the conjugal partnership of gains, or by both Pana for the satisfaction of the indemnities imposed by final
partnership of gains under the Civil Code. Article 105 of the
spouses or by one of them with the consent of the other; judgment on the latter accused in Criminal Cases 4232 and 4233,
Family Code states:
(3) Debts and obligations contracted by either spouse the responsibilities enumerated in Article 121 of the Family Code
"x x x x have been covered.
without the consent of the other to the extent that the
family may have benefited; SO ORDERED.
24
ROBERTO A. ABAD
Associate Justice
25
Republic of the Philippines collect and receive in trust for the petitioner all payments made documents did not sign their signatures in his presence. The
SUPREME COURT upon the construction contract and shall remit to the petitioner all same were already signed by the supposed parties and their
Manila collections therefrom, the said spouses failed and refuse to remit supposed witnesses at the time they were brought to him for
the collections and instead, misappropriated the proceeds for their ratification. We quote from the records the pertinent
THIRD DIVISION
own use and benefit, without the knowledge or consent of the testimony of Atty. Ordoña, thus:
G.R. No. L61464 May 28, 1988 petitioner.
Q. This document marked as Exhibit B1, when
BA FINANCE CORPORATION, petitioner, The trial court issued the writ of attachment prayed for thereby this was presented to you by that common friend,
vs. enabling the petitioner to attach the properties of A & L Industries. June Enriquez, it was already typewritten, it was
Apparently not contented with the order, the petitioner filed already accomplished, all typewritten.?
THE HONORABLE COURT OF APPEALS, AUGUSTO
another motion for the examination of attachment debtor, alleging
YULO, LILY YULO (doing business under the name and style A. Yes, sir.
that the properties attached by the sheriff were not sufficient to
of A & L INDUSTRIES), respondents.
secure the satisfaction of any judgment that may be recovered by it Q And the parties had already affixed their
GUTIERREZ, JR., J.: in the case. This was likewise granted by the court. signatures in this document?
27
duplicate original of the Special Power of Attorney acknowledged the writing thereof; (3) by evidence were also acquired during the same. Therefore, it is presumed that
(Exhibit B) and merely contended himself with a mere showing that the reputed writer of the standard has this property forms part of the conjugal partnership of the spouses
xerox copy thereof, neither did he require a more acquiesced in or recognized the same, or that it has Augusto and Lily Yulo and thus, could be held liable for the
specific authority from the A & L Industries to contract been adopted and acted upon by him his business obligations contracted by Augusto Yulo, as administrator of the
the loan in question, since from the very content and transactions or other concerns.... partnership.
recitals of the disputed document, no authority, express
Furthermore, the judge found such signatures to be sufficient as There is no dispute that A & L Industries was established during
or implied, has been delegated or granted to August
standards. In the case of TaylorWharton Iron & Steel Co. v. the marriage of Augusta and Lily Yulo and therefore the same is
Yulo to contract a loan, especially with the appellant.
Earnshaw (156 N.E. 855, 856), it was held: presumed conjugal and the fact that it was registered in the name
(pp. 3334, Rollo)
of only one of the spouses does not destroy its conjugal nature (See
When a writing is offered as a standard of comparison it
Concerning the actual damages, the appellate court ruled that the Mendoza v. Reyes, 124 SCRA 161, 165). However, for the said
is for the presiding judge to decide whether it is the
petitioner should have presented evidence to disprove or rebut the property to be held liable, the obligation contracted by the husband
handwriting of the party to be charged. Unless his
private respondent's claim but it remained quiet and chose not to must have redounded to the benefit of the conjugal partnership
finding is founded upon error of law, or upon evidence
disturb the testimony and the evidence presented by the private under Article 161 of the Civil Code. In the present case, the
which is, as matter of law, insufficient to justify the
respondent to prove her claim. obligation which the petitioner is seeking to enforce against the
finding, this court will not revise it upon exceptions."
conjugal property managed by the private respondent Lily Yulo
In this petition for certiorari, the petitioner raises three issues. The (Costelo v. Crowell, 139 Mass. 588, 590, 2 N.E. 648;
was undoubtedly contracted by Augusto Yulo for his own benefit
first issue deals with the appellate court's affirmance of the trial Nuñez v. Perry, 113 Mass, 274, 276.)
because at the time he incurred the obligation he had already
court's findings that the signature of the private respondent on the
We cannot find any error on the part of the trial judge in using the abandoned his family and had left their conjugal home. Worse, he
Special Power of Attorney was forged. According to the petitioner,
above documents as standards and also in giving credence to the made it appear that he was duly authorized by his wife in behalf of
the Court of Appeals disregarded the direct mandate of Section 23,
expert witness presented by the private respondent whose A & L Industries, to procure such loan from the petitioner. Clearly,
Rule 132 of the Rules of Court which states in part that evidence of
testimony the petitioner failed to rebut and whose credibility it to make A & L Industries liable now for the said loan would be
handwriting by comparison may be made "with writings admitted
likewise failed to impeach. But more important is the fact that the unjust and contrary to the express provision of the Civil Code. As
or treated as genuine by the party against whom the evidence is
unrebutted handwriting expert's testimony noted twelve (12) we have ruled in Luzon Surety Co., Inc. v. De Gracia (30 SCRA
offered, or proved to be genuine to the satisfaction of the judge,"
glaring and material differences in the alleged signature of the 111, 115117):
and that there is no evidence on record which proves or tends to
private respondent in the Special Power of Attorney as compared
prove the genuineness of the standards used. As explained in the decision now under review: "It is
with the specimen signatures, something which the appellate court
true that the husband is the administrator of the
There is no merit in this contention. also took into account. In Cesar v. Sandiganbayan (134 SCRA
conjugal property pursuant to the provisions of Art. 163
105, 132), we ruled:
The records show that the signatures which were used as of the new Civil Code. However, as such administrator
"standards" for comparison with the alleged signature of the Mr. Maniwang pointed to other significant divergences the only obligations incurred by the husband that are
private respondent in the Special Power of Attorney were those and distinctive characteristics between the sample chargeable against the conjugal property are those
from the latter's residence certificates in the years 1973, 1974 and signatures and the signatures on the questioned checks incurred in the legitimate pursuit of his career,
1975, her income tax returns for the years 1973 and 1975 and from in his report which the court's Presiding Justice kept profession or business with the honest belief that he is
a document on long bond paper dated May 18, 1977. Not only mentioning during Maniwang's testimony. doing right for the benefit of the family. This is not true
were the signatures in the foregoing documents admitted by the in the case at bar for we believe that the husband in
In the course of his crossexamination, NBI expert acting as guarantor or surety for another in an
private respondent as hers but most of the said documents were
Tabayoyong admitted that he saw the differences indemnity agreement as that involved in this case did
used by the private respondent in her transactions with the
between the exemplars used and the questioned not act for the benefit of the conjugal partnership. Such
government. As was held in the case of Plymouth Saving & Loan
signatures but he dismissed the differences because he inference is more emphatic in this case, when no proof
Assn. No. 2 v. Kassing (125 NE 488, 494):
did not consider them fundamental. We rule that is presented that Vicente Garcia in acting as surety or
We believe the true rule deduced from the authorities to significant differences are more fundamental than a few guarantor received consideration therefore, which may
be that the genuineness of a "standard" writing may be similarities. A forger always strives to master some redound to the benefit of the conjugal partnership.(Ibid,
established (1) by the admission of the person sought to similarities. pp. 4647).
be charged with the disputed writing made at or for the
The second issue raised by the petitioner is that while it is true that xxx xxx xxx
purposes of the trial or by his testimony; (2) by
A & L Industries is a single proprietorship and the registered
witnesses who saw the standards written or to whom or
owner thereof is private respondent Lily Yulo, the said In the most categorical language, a conjugal partnership
in whose hearing the person sought to be charged
proprietorship was established during the marriage and its assets under that provision is liable only for such "debts and
28
obligations contracted by the husband for the benefit of 168 NC 237, 84 SE 362; Pittsburg etc. 5 Wakefield, We cannot, however, sustain the award of P500,000.00
the conjugal partnership." There must be the requisite etc., 135 NC 73, 47 SE 234). ... representing unrealized profits because this amount was not proved
showing then of some advantage which clearly accrued or justified before the trial court. The basis of the alleged unearned
The question before us, therefore, is whether the attachment of the
to the welfare of the spouses. There is none in this case. profits is too speculative and conjectural to show actual damages
properties of A & L Industries was wrongful so as to entitle the
for a future period. The private respondent failed to present reports
xxx xxx xxx petitioner to actual damages only or whether the said attachment
on the average actual profits earned by her business and other
was made in bad faith and with malice to warrant the award of
Moreover, it would negate the plain object of the evidence of profitability which are necessary to prove her claim for
other kinds of damages. Moreover, if the private respondent is
additional requirement in the present Civil Code that a the said amount (See G. A. Machineries, Inc. v. Yaptinchay, 126
entitled only to actual damages, was the court justified in ordering
debt contracted by the husband to bind a conjugal SCRA 78, 88).
the petitioner to pay for the value of the attached properties instead
partnership must redound to its benefit. That is still
of ordering the return of the said properties to the private The judgment is therefore set aside insofar as it holds the petitioner
another provision indicative of the solicitude and tender
respondent Yulo ? liable for P500,000.00 actual damages representing unrealized
regard that the law manifests for the family as a unit. Its
profits, P150,000.00 for exemplary damages and P20,000.00 for
interest is paramount; its welfare uppermost in the Both the trial and appellate courts found that there was bad faith on
attorney's fees. As stated earlier, the attached properties, should be
minds of the codifiers and legislators. the part of the petitioner in securing the writ of attachment. We do
released in favor of the petitioner.
not think so. "An attachment may be said to be wrongful when, for
We, therefore, rule that the petitioner cannot enforce the obligation
instance, the plaintiff has no cause of action, or that there is no true WHEREFORE, the decision of the Court of Appeals is hereby
contracted by Augusto Yulo against his conjugal properties with
ground therefore, or that the plaintiff has a sufficient security other SET ASIDE and the petitioner is ordered to pay the private
respondent Lily Yulo. Thus, it follows that the writ of attachment
than the property attached, which is tantamout to saying that the respondent Lily Yulo the amount of SIX HUNDRED SIXTY
cannot issue against the said properties.
plaintiff is not entitled to attachment because the requirements of THOUSAND PESOS (P660,000.00) as actual damages. The
Finally, the third issue assails the award of actual damages entitling him to the writ are wanting. (7 C.J.S., 664)" (p. 48, remaining properties subject of the attachment are ordered released
according to the petitioner, both the lower court and the appellate Section 4, Rule 57, Francisco, Revised Rules of Court). in favor of the petitioner.
court overlooked the fact that the properties referred to are still
Although the petitioner failed to prove the ground relied upon for SO ORDERED.
subject to a levy on attachment. They are, therefore, still
the issuance of the writ of attachment, this failure cannot be
under custodia legis and thus, the assailed decision should have Fernan (Chairman), Feliciano, Bidin and Cortes JJ., concur.
equated with bad faith or malicious intent. The steps which were
included a declaration as to who is entitled to the attached
taken by the petitioner to ensure the security of its claim were
properties and that assuming arguendo that the attachment was
premised, on the firm belief that the properties involved could be
erroneous, the lower court should have ordered the sheriff to return
made answerable for the unpaid obligation due it. There is no
to the private respondent the attached properties instead of
question that a loan in the amount of P591,003.59 was borrowed
condemning the petitioner to pay the value thereof by way of
from the bank.
actual damages.
We, thus, find that the petitioner is liable only for actual damages
In the case of Lazatin v. Twaño (2 SCRA 842, 847), we ruled:
and not for exemplary damages and attorney's fees. Respondent
xxx xxx xxx Lily Yulo has manifested before this Court that she no longer
desires the return of the attached properties since the said
... It should be observed that Sec. 4 of Rule 59, does not attachment caused her to close down the business. From that time
prescribed the remedies available to the attachment she has become a mere employee of the new owner of the
defendant in case of a wrongful attachment, but merely premises. She has grave doubts as to the running condition of the
provides an action for recovery upon the bond, based on attached machineries and equipments considering that the
the undertaking therein made and not upon the liability attachment was effected way back in 1975. She states as a matter
arising from a tortuous act, like the malicious suing out of fact that the petitioner has already caused the sale of the
of an attachment. Under the first, where malice is not machineries for fear that they might be destroyed due to prolonged
essential, the attachment defendant, is entitled to litigation. We, therefore, deem it just and equitable to allow private
recover only the actual damages sustained by him by respondent Lily Yulo to recover actual damages based on the value
reason of the attachment. Under the second, where the of the attached properties as proven in the trial court, in the amount
attachment is maliciously sued out, the damages of P660,000.00. In turn, if there are any remaining attached
recoverable may include a compensation for every properties, they should be permanently released to herein
injury to his credit, business or feed (Tyler v. Mahoney, petitioner.
29
30
Republic of the Philippines sold the abovementioned parcel of land to the latter for P40,000, (5) Ordering defendant to pay plaintiff the amount of rents
SUPREME COURT which amount Rafael Ayuste acknowledge having received in the received from the premises starting March, 1990 until such time
Manila deed. On page 2 of this deed appears the signature of Christina that she finally turnsover (sic) the possession of the house and lot
Ayuste below the phrase "With my conformity." The deed of sale to plaintiff, at the rate of P2,700.00 per month.
THIRD DIVISION
was registered with the Register of deeds of Lucena City on March
With costs against defendant. 8
G.R. No. 118784 September 2, 1999 5, 1987 and Transfer Certificate of Title No. T50046 was issued
in the name of private Respondent. Both parties appealed the trial court’s decision. On January 23,
HEIRS OF CHRISTINA AYUSTE, petitioner, 1995, the Court of Appeals reversed the trial court’s ruling by
vs. After Rafael Ayuste’s death on October 13, 1989, Christina Ayuste
holding that Christina Ayuste’s right to bring an action for the
discovered, in the course of an inventory of their properties, that
COURT OF APPEALS and VIENA annulment of the sale is barred by laches because of her failure to
the title to the land in Lucena was missing. She searched for it in
MALABONGA, respondents. file it during the existence of the marriage in accordance with
the office of her husband in Lucena City and it was then that she
article 173 of the Civil Code. Also, it found private respondent to
D E C I S I O N learned from her employees about the sale of the house and lot by
be entitled to the protection of a buyer in good faith and for value.
her husband to private Respondent.
GONZAGAREYES, J.: The pertinent portion of the public respondent’s decision provides
On March 2, 1990, Christina Ayuste filed a complaint with the —
Before us is a petition for certiorari under Rule 45, asking this Regional Trial Court of Lucena City for the annulment of the sale,
Court to review the decision of the Court of Appeals dated January Record shows that plaintiffappellant wife (sic) instituted on March
cancellation of the title issued in the name of private respondent
23, 1995 in CAG.R. CV No. 38232, which overturned the 2, 1990 her action for annulment of the sale executed by her
and for the payment of moral, exemplary and actual damages. In
decision of the Regional Trial Court of Lucena City in Civil Case husband on February 27, 1987 — long after said vendorhusband
her complaint Christina Ayuste alleges that her signature on the
No. 9033. died in 1989. It is thus clear that the action for annulment of the
deed of sale was forged and that her husband Rafael Ayuste sold
sale was not instituted "during the marriage" as required by Article
At the outset, we note that Christina Ayuste, the plaintiff in the the property without her knowledge and consent.
173, the very provision of law which grants the wife the
lower court and the original petitioner herein, died on November The Regional Trial Court rendered its Decision on June 20, 1991, privilege/right to have the sale executed by her husband annulled,
21, 1995. 2 In his Comment dated January 14, 1998 to private the dispositive portion of which provides as follows in derogation of the suppose (sic) vested right of the buyer. The
respondent’s Manifestation informing the Court of Christina two periods provided for in said Article 173 — "during the
Ayuste’s death, petitioner’s counsel reaffirmed such fact of death WHEREFORE, judgment is hereby rendered as follows:
marriage" and "within 10 years" should concur.
and informed the Court of the names of Christina Ayuste’s legal
(1) Declaring null and void the Deed of Absolute Sale of House
representatives. 3 The claim not having been extinguished by the We find no merit in plaintiffappellant’s claim that she discovered
and Lot (Exhibit "C") executed by defendant and plaintiff’s
death of Christina Ayuste, we ordered the substitution of her heirs the sale, only after her husband’s death, when she made an
husband, the deceased Rafael Ayuste, on February 27, 1987;
Marlon Ayuste and Arlaine AyusteYu for Christina Ayuste in our inventory and found out that the pertinent titles to the land subject
Resolution dated August 11, 1999. of the sale were missing. It is settled in this jurisdiction that
(2) Ordering defendant Viena Malabonga to return to plaintiff
registration with the Register of Deeds is notice to the whole
Christina Ayuste married Rafael Ayuste on September 24, 1961. Christina Ayuste the possession of the house and lot covered by
world. The questioned deed of sale has long been registered with
Although the couple resided in Manila, they operated a machine Transfer Certificate of Title No. T50045, now in the name of
the Register of Deeds of Lucena City — on March 5, 1987 — and
shop in Barangay Iyam, Lucena City, which was managed by defendant Viena Malabonga, together with the improvements
in fact the said property was registered in the name of defendant
Rafael Ayuste. In order to serve as temporary residence for Rafael thereon;
appellant under Transfer Certificate of Title No. T50046. Said
Ayuste while in Lucena, the couple purchased on August 26, 1982 TCT in the name of defendantappellant is now indefeasible.
a parcel of land with an area of 180 square meters on which a (3) Directing the Register of Deeds of Lucena City to cancel
residential house was built situated at Yale Street, University Transfer Certificate of Title No. T50046 and to issue in the name The peculiar circumstances that militates in favor of defendant
Village, Barrio Ibabang Dupay, Lucena City from spouses Pedro of plaintiff and her children by the late Rafael Ayuste new Transfer appellant buyer are as follows: The questioned deed of sale was
and Aida David. A deed of sale 4 was executed and signed by the Certificate of Title in lieu thereof, subject to all/any liens and not actually without the wife’s signature signifying marital
parties and filed with the Register of Deeds of Lucena City. On encumbrances annotated on the memorandum of the title to be consent, so to speak. Evidently, DefendantAppellant was led to
October 23, 1983, the Register of Deeds of Lucena City issued cancelled; believe by the husbandvendor that plaintiffappellant gave her
Transfer Certificate of Title No. T42972 in the name of marital consent to the sale, as said husband presented a deed of
"RAFAEL T. AYUSTE, married to Christina Ayuste." (4) Ordering plaintiff Christina Ayuste to pay the defendant sale supposedly presigned by his wife, plaintiffappellant.
Vienna Malabonga the sum of P258,200.00 for the improvements Defendantappellant is therefore undoubtedly a buyer in good faith
On February 27, 1987, a deed of absolute sale 6 was executed by introduced on the lot and house as well as for maintenance of the and for value, with vested rights equally entitled to the protection
Rafael Ayuste in favor of private respondent whereby the former premises; and of the law. The questioned deed of sale was duly registered In the
31
name of defendantappellant who was issued a Transfer Certificate Code, since she had no knowledge of the sale during his lifetime as 1987, Christina Ayuste is presumed to have constructive notice of
of Title. he concealed the same from her. Finally, it is contended that article the sale from such date.
166 is the relevant provision, not article 173. 10
x x x WHEREFORE, the decision of the Court of Appeals is
Under the Civil Code, although the husband is the administrator of AFFIRMED. No pronouncement as to costs.
Unlike the statute of limitations, laches is not a mere question of the conjugal partnership, 11 he cannot alienate or encumber any
SO ORDERED.
time but is principally a question of the inequity on unfairness of real property of the conjugal partnership without his wife’s
Melo, Panganiban and Purisima, JJ., concur.
permitting a stale right to be enforced or asserted. (Marcelino v. consent, 12 subject only to certain exceptions specified in the law.
CA, 210 SCRA 444). For failure of the plaintiffappellant wife to 13 The remedy available to the wife in case her husband should Separate Opinions
institute her action for annulment of sale, while her husband dispose of their conjugal property without her consent is laid down
vendor was still alive as required by Article 173 of the New Civil in Article 173 of the Civil Code which states that — VITUG, J., concurring:
Code, plaintiffappellant wife’s right under Article 166 of the same The questioned sale was concluded on 27 February 1987, before
The wife may, during the marriage, and within ten years from the
Code has become stale and is now barred by laches. the Family Code took effect; accordingly, the transaction could
transaction questioned, ask the courts for the annulment of any
In view of the foregoing findings, We rule that the trial court erred contract of the husband entered into without her consent, when still be aptly governed by the then governing provisions of the
in giving due course to the action for annulment of sale. With the such consent is required, or any act or contract of the husband Civil Code. Under this Code, the husband could not alienate or
foregoing findings and resolution the other issues raised in this which tends to defraud her or impair her interest in the conjugal encumber any conjugal real property (acquired by the partnership
appeal are now moot and academic. partnership property. Should the wife fail to exercise this right, she after the effective date of the Civil Code) without the consent,
or her heirs, after the dissolution of the marriage, may demand the express or implied, of the wife 1 (Art. 166, Civil Code; Bautista v.
WHEREFORE, in view of all the foregoing, judgment is hereby Lovina, 98 Phil. 1006, 1956); otherwise, said the Supreme Court in
value of property fraudulently alienated by the husband.
rendered giving due course to the appeal of defendantappellant, Garcia v. Court of Appeals (130 SCRA 433, 1984), reiterating
(Emphasis supplied)
and dismissing the appeal of plaintiffappellant. Tolentino v. Cardenas (123 Phil. 517, 1966), the disposition would
There is no ambiguity in the wording of the law. A sale of real be void. I share the view of my colleagues that such a contract,
The decision dated June 20, 1991 rendered by the Regional Trial
property of the conjugal partnership made by the husband without absent the wife’s consent should be considered merely voidable
Court is REVERSED and SET ASIDE.
the consent of his wife is voidable 14 The action for annulment consistently with Article 173 2 of the Civil Code under which
The Deed of Absolute Sale executed on February 27, 1987 by and must be brought during the marriage and within ten years from the provision, the wife could, during the marriage and within 10 years
between defendantappellant and plaintiffappellant’s husband is questioned transaction by the wife. 15 Where the law speaks in from the questioned transaction, seek its annulment (Felipe v.
declared VALID and BINDING upon the plaintiffappellant. 9 clear and categorical language, there is no room for interpretation Heirs of Maximo Aldon, 120 SCRA 628 [1983]; Reyes v. De
— there is room only for application. 16 Leon, 20 SCRA 369 [1967]; see Roxas v. CA, 198 SCRA 541,
Both the trial and the appellate court decisions have established
In the present case, the deed of sale was executed on February 27, 1991 which applied Art. 173 to a lease contract). Failing to do so,
that Rafael Ayuste sold conjugal property without the consent of
1987. Rafael Ayuste died on October 13, 1989. However, it was she or her heirs, after the dissolution of the marriage, could
Christina Ayuste, his wife. This factual finding shall not be
only on March 2, 1990 that Christina Ayuste filed her complaint demand the value of the property alienated (Art. 173, Civil Code).
disturbed because only questions of law are reviewed in an appeal
with the lower court asking for the annulment of the sale. Although It might not be amiss to say that an unauthorized sale by the
under Rule 45 of the Rules of Court subject to certain welldefined
the action was filed within ten years from the questioned husband of conjugal real property, not being the administrator
exceptions none of which are present in the instant case. The only
transaction, it was not brought during the existence of the marriage thereof, or of the exclusive paraphernal of the wife, not having
issue which remains to be resolved is whether petitioners are
which was dissolved upon the death of Rafael Ayuste in 1989. 17 obtained her prior consent thereto, could be void under the
entitled to the annulment of the contract of sale entered into by
Clearly, the action for annulment filed by Christina Ayuste was provisions of Article 1874 3 of the Civil Code.
Rafael Ayuste without the consent of Christina Ayuste.
barred for having been filed out of time. A sale of encumbrance of conjugal (or community) property
Petitioners claim that since the law expressly prohibits the husband
The fact that Christina Ayuste only learned of the sale after the concluded after the effectivity of the Family Code is governed by
from alienating real property belonging to the conjugal partnership
death of her husband is not material. We affirm public an entirely different rule that now treats such a disposition to be
without his wife’s consent, the contract of sale in question is a
respondent’s ruling that registration of the sale with the Register of void if done without the conjoint consent of the spouses or, in case
nullity pursuant to article 1409 of the Civil Code which provides
Deeds constitutes a notice to the whole world. 18 Precisely, the of a spouse’s inability, the authority of the court (see Art. 124, 4
that contracts expressly prohibited by law are inexistent and void
purpose of the legislature in providing a system of registration is to Family Code). The declaration that the disposition by just one of
from the beginning. It is further averred by petitioners that the
afford a means of publicity so that persons dealing with real the spouses is void settles the apparent conflict in some of the
present action is not barred because the action to declare the nullity
property may search the records and thereby acquire security rulings during the regime of the 1950 Civil Code, in construing the
of a contract does not prescribe. Furthermore, Christina Ayuste
against instruments the execution of which have not been revealed provisions of said code found in Articles 161, 162, 166, 171 and
cannot be faulted for having brought the action only after the death
to them. 19 Since the deed of sale was registered on March 5, 173, in relation to Articles 1390, 7403 and 1874, thereof.
of her husband, despite the periods stated in article 173 of the Civil
32
The Family Code has also abandoned the 1950 Civil Code concept
of having the husband, absent a contrary statement in a marriage
settlement or in a public instrument executed by the husband or an
order of a court (Arts. 168, 190 and 196, Civil Code), as the
statutory administrator of the conjugal partnership of gains (Art.
165, Civil Code) that permitted suits to bind the conjugal
partnership even where the wife was not named as a party
defendant along with the husband (Stosa, Inc., v. Court of Appeals,
182 SCRA 862). Article 124 of the Family Code, like the rule
established in the system of absolute community of property (see
Arts. 9698, Family Code), instead confers the administration and
enjoyment 5 of the conjugal property on the spouses jointly. The
marriage settlement, however, may provide for the administration
of the property to by one of the spouses, the provisions of the
Family Code on conjugal partnership of gain being merely
suppletory thereto. In case of disagreement in the joint
administration and enjoyment of the partnership property, the
husband’s decision shall prevail but the wife may avail herself of
the "proper remedy" in court "within five years from the date of the
contract implementing the decision."
33
Republic of the Philippines Vicente misrepresented therein that his wife, Ignacia, died on Defendant Vicente Reyes is hereby ordered to reimburse
SUPREME COURT March 22, 1982, and that he and their 5 minor children were her P55,000.00 with legal rate of interest from the execution of the
Manila only heirs.12 On September 29, 1983, the court appointed Vicente subject Deed of Absolute Sale on March 1, 1983, to the defendant
as the guardian of their minor children. 13 Subsequently, in its Order spouses Cipriano Mijares and Florentina Mijares which
FIRST DIVISION
dated October 14, 1983, the court authorized Vicente to sell the corresponds to the onehalf (1/2) of the actual purchase price by
G.R. No. 143826 August 28, 2003 estate of Ignacia.14 the said Mijares but is annulled in this decision (sic);
34
4349B2, in the name of Cipriano Mijares and Florentina Mijares, Articles 166 and 173 of the Civil Code, 29 the governing laws at the encumbrance if so made however is not null and void. It is merely
from TCT No. 306083 to TCT No. 306087; and directing the time the assailed sale was contracted, provide: voidable. The offended wife may bring an action to annul the said
Register of Deeds of Quezon City to issue a new title in the name alienation or encumbrance. Thus, the provision of Article 173 of
Art.166. Unless the wife has been declared a non compos mentis or
of Ignacia AguilarReyes and Vicente Reyes. The Order likewise the Civil Code of the Philippines, to wit:
a spendthrift, or is under civil interdiction or is confined in a
specified that Vicente Reyes should pay Ignacia AguilarReyes the
leprosarium, the husband cannot alienate or encumber any real Art. 173. The wife may, during the marriage and within ten years
amount of P50,000.00 as moral and exemplary damages.23
property of the conjugal partnership without the wife’s consent. If from the transaction questioned, ask the courts for the annulment
Both Ignacia AguilarReyes and respondent spouses appealed the she refuses unreasonably to give her consent, the court may of any contract of the husband entered into without her consent,
decision to the Court of Appeals.24 Pending the appeal, Ignacia died compel her to grant the same… when such consent is required, or any act or contract of the
and she was substituted by her compulsory heirs.25 husband which tends to defraud her or impair her interest in the
Art. 173. The wife may, during the marriage and within ten years
conjugal partnership property. Should the wife fail to exercise this
Petitioners contended that they are entitled to reimbursement of the from the transaction questioned, ask the courts for the annulment
right, she or her heirs after the dissolution of the marriage, may
rentals collected on the apartment built on Lot No. 4349B2, while of any contract of the husband entered into without her consent,
demand the value of property fraudulently alienated by the
respondent spouses claimed that they are buyers in good faith. On when such consent is required, or any act or contract of the
husband.
January 26, 2000, the Court of Appeals reversed and set aside the husband which tends to defraud her or impair her interest in the
decision of the trial court. It ruled that notwithstanding the absence conjugal partnership property. Should the wife fail to exercise this This particular provision giving the wife ten (10) years x x x
of Ignacia’s consent to the sale, the same must be held valid in right, she or her heirs after the dissolution of the marriage, may during [the] marriage to annul the alienation or encumbrance was
favor of respondents because they were innocent purchasers for demand the value of property fraudulently alienated by the not carried over to the Family Code. It is thus clear that any
value.26 The decretal potion of the appellate court’s decision states husband. alienation or encumbrance made after August 3, 1988 when the
– Family Code took effect by the husband of the conjugal
Pursuant to the foregoing provisions, the husband could not
partnership property without the consent of the wife is null and
WHEREFORE, premises considered, the Decision appealed from alienate or encumber any conjugal real property without the
void…
and the Orders dated May 31, 1990 and June 29, 1990, are SET consent, express or implied, of the wife otherwise, the contract is
ASIDE and in lieu thereof a new one is rendered – voidable. Indeed, in several cases30 the Court had ruled that such In the case at bar, there is no dispute that Lot No. 4349B2, is a
alienation or encumbrance by the husband is void. The better view, conjugal property having been purchased using the conjugal funds
1. Declaring the Deed of Absolute Sale dated March 1, 1983
however, is to consider the transaction as merely voidable and not of the spouses during the subsistence of their marriage. It is beyond
executed by Vicente Reyes in favor of spouses Cipriano and
void.31 This is consistent with Article 173 of the Civil Code cavil therefore that the sale of said lot to respondent spouses
[Florentina] Mijares valid and lawful;
pursuant to which the wife could, during the marriage and within without the knowledge and consent of Ignacia is voidable. Her
2. Ordering Vicente Reyes to pay spouses Mijares the amount of 10 years from the questioned transaction, seek its annulment.32 action to annul the March 1, 1983 sale which was filed on June 4,
P30,000.00 as attorney’s fees and legal expenses; and 1986, before her demise is perfectly within the 10 year prescriptive
In the case of Heirs of Christina Ayuste v. Court of Appeals, 33 it
period under Article 173 of the Civil Code. Even if we reckon the
3. Ordering Vicente Reyes to pay spouses Mijares P50,000.00 as was categorically held that –
period from November 25, 1978 which was the date when Vicente
moral damages.
There is no ambiguity in the wording of the law. A sale of real and the respondent spouses entered into a contract concerning Lot
No pronouncement as to costs. property of the conjugal partnership made by the husband without No. 4349B2, Ignacia’s action would still be within the prescribed
the consent of his wife is voidable. The action for annulment must period.
SO ORDERED.27
be brought during the marriage and within ten years from the
Anent the second issue, the trial court correctly annulled the
Undaunted by the denial of their motion for reconsideration, questioned transaction by the wife. Where the law speaks in clear
voidable sale of Lot No. 4349B2 in its entirety. In Bucoy v.
https://lawphil.net/judjuris/juri2003/aug2003/gr_143826_2003.htm and categorical language, there is no room for interpretation —
Paulino,36 a case involving the annulment of sale with assumption
l fnt28petitioners filed the instant petition contending that the there is room only for application.34
of mortgages executed by the husband without the consent of the
assailed sale of Lot No. 4392B2 should be annulled because wife, it was held that the alienation or encumbrance must be
Likewise, in Spouses Guiang v. Court of Appeals,35 the Court
respondent spouses were not purchasers in good faith. annulled in its entirety and not only insofar as the share of the wife
quoted with approval the ruling of the trial court that under the
The issues for resolution are as follows: (1) What is the status of Civil Code, the encumbrance or alienation of a conjugal real in the conjugal property is concerned. Although the transaction in
the sale of Lot No. 4349B2 to respondent spouses? (2) Assuming property by the husband absent the wife’s consent, is voidable and the said case was declared void and not merely voidable, the
that the sale is annullable, should it be annulled in its entirety or not void. Thus – rationale for the annulment of the whole transaction is the same
only with respect to the share of Ignacia? (3) Are respondent thus –
…Under Article 166 of the Civil Code, the husband cannot
spouses purchasers in good faith? The plain meaning attached to the plain language of the law is that
generally alienate or encumber any real property of the conjugal
partnership without the wife’s consent. The alienation or the contract, in its entirety, executed by the husband without the
35
wife's consent, may be annulled by the wife. Had Congress Registrar on March 4, 1982; and (3) her burial or cremation would annulment. The October 14, 1983 order authorizing the sale of the
intended to limit such annulment in so far as the contract shall be on March 8, 1982.39 These obvious flaws in the death certificate estate of Ignacia, could not have validated the sale of Lot No.
"prejudice" the wife, such limitation should have been spelled out should have prompted respondents to investigate further, especially 4349B2 because said order was issued on the assumption that
in the statute. It is not the legitimate concern of this Court to recast so that respondent Florentina Mijares admitted on cross Ignacia was already dead and that the sale dated March 1, 1983
the law. As Mr. Justice Jose B. L. Reyes of this Court and Judge examination that she asked for the death certificate of Ignacia was never categorically approved in the said order.
Ricardo C. Puno of the Court of First Instance correctly stated, because she was suspicious that Ignacia was still alive. 40 Moreover,
The fact that the 5 minor children44 of Vicente represented by the
"[t]he rule (in the first sentence of Article 173) revokes Baello vs. respondent spouses had all the opportunity to verify the claim of
latter, signed the March 1, 1983 deed of sale of Lot No. 4349B2
Villanueva, 54 Phil. 213 and Coque vs. Navas Sioca, 45 Phil. 430," Vicente that he is a widower because it was their lawyer, Atty.
will not estop them from assailing the validity thereof. Not only
in which cases annulment was held to refer only to the extent of Rodriguito S. Saet, who represented Vicente in the special
were they too young at that time to understand the repercussions of
the onehalf interest of the wife… proceedings before the Metropolitan Trial Court.
the sale, they likewise had no right to sell the property of their
The necessity to strike down the contract of July 5, 1963 as a Neither can respondent spouses rely on the alleged court approval mother who, when they signed the deed, was very much alive.
whole, not merely as to the share of the wife, is not without its of the sale. Note that the Order issued by the Metropolitan Trial
If a voidable contract is annulled, the restoration of what has been
basis in the commonsense rule. To be underscored here is that Court of Quezon City, Branch XXXI, appointing Vicente as
given is proper. The relationship between parties in any contract
upon the provisions of Articles 161, 162 and 163 of the Civil Code, guardian of his 5 minor children, as well as the Order authorizing
even if subsequently annulled must always be characterized and
the conjugal partnership is liable for many obligations while the him to sell the estate of Ignacia were issued only on September 29,
punctuated by good faith and fair dealing. Hence, for the sake of
conjugal partnership exists. Not only that. The conjugal property is 1983 and October 14, 1983, respectively. On the other hand, the
justice and equity, and in consonance with the salutary principle of
even subject to the payment of debts contracted by either spouse sale of the entire Lot No. 4349B2 to respondent spouses appears
nonenrichment at another’s expense, the Court sustains the trial
before the marriage, as those for the payment of fines and to have been made not on March 1, 1983, but even as early as
court’s order directing Vicente to refund to respondent spouses the
indemnities imposed upon them after the responsibilities in Article November 25, 1978. In the "Agreement" dated November 25,
amount of P110,000.00 which they have paid as purchase price of
161 have been covered (Article 163, par. 3), if it turns out that the 1978, Vicente in consideration of the amount of P110,000.00, sold
Lot No. 4349B2.45 The court a quo correctly found that the
spouse who is bound thereby, "should have no exclusive property to Cipriano Mijares Lot No. 4349B2 on installment basis, with
subject of the sale was the entire Lot No. 4349B2 and that the
or if it should be insufficient." These are considerations that go the first installment due on or before July 31, 1979. 41 This was
consideration thereof is not P40,000.00 as stated in the March 1,
beyond the mere equitable share of the wife in the property. These followed by a "Memorandum of Understanding" executed on July
1983 deed of sale, but P110,000.00 as evidenced by the – (1)
are reasons enough for the husband to be stopped from disposing 30, 1979, by Vicente and Cipriano – (1) acknowledging Cipriano’s
"Agreement" dated November 25, 1978 as well as the July 30,
of the conjugal property without the consent of the wife. Even receipt of Vicente’s down payment in the amount of P50,000.00;
1979 "Memorandum of Understanding" and the July 14, 1981
more fundamental is the fact that the nullity is decreed by the Code and (2) authorizing Florentina Mijares to collect rentals. 42 On July
"Memorandum of Agreement" which served as receipts of the
not on the basis of prejudice but lack of consent of an 14, 1981, Vicente and Cipriano executed another "Memorandum
installment payments made by respondent Cipriano Mijares; and
indispensable party to the contract under Article 166.37 of Agreement," stating, among other, that out of the purchase price
(2) the receipt duly signed by Vicente Reyes acknowledging
of P110,000.00 Vicente had remaining balance of
With respect to the third issue, the Court finds that respondent receipt of the amount of P110,000.00 from respondent spouses as
P19,000.00.43 Clearly therefore, the special proceedings before the
spouses are not purchasers in good faith. A purchaser in good faith payment of the sale of the controverted lot.46
Metropolitan Trial Court of Quezon City, Branch XXXI, could not
is one who buys property of another, without notice that some
have been the basis of respondent spouses’ claim of good faith The trial court, however, erred in imposing 12% interest per annum
other person has a right to, or interest in, such property and pays
because the sale of Lot No. 4349B2 occurred prior thereto. on the amount due the respondents. In Eastern Shipping Lines, Inc.
full and fair price for the same, at the time of such purchase, or
v. Court of Appeals,47 it was held that interest on obligations not
before he has notice of the claim or interest of some other persons Respondent spouses cannot deny knowledge that at the time of the
constituting a loan or forbearance of money is six percent (6%)
in the property. He buys the property with the belief that the person sale in 1978, Vicente was married to Ignacia and that the latter did
annually. If the purchase price could be established with certainty
from whom he receives the thing was the owner and could convey not give her conformity to the sale. This is so because the 1978
at the time of the filing of the complaint, the six percent (6%)
title to the property. A purchaser cannot close his eyes to facts "Agreement" described Vicente as "married" but the conformity of
interest should be computed from the date the complaint was filed
which should put a reasonable man on his guard and still claim he his wife to the sale did not appear in the deed. Obviously, the
until finality of the decision. In Lui v. Loy,48 involving a suit for
acted in good faith.38 execution of another deed of sale in 1983 over the same Lot No.
reconveyance and annulment of title filed by the first buyer against
4349B2, after the alleged death of Ignacia on March 22, 1982, as
In the instant case, there existed circumstances that should have the seller and the second buyer, the Court, ruling in favor of the
well as the institution of the special proceedings were, intended to
placed respondent spouses on guard. The death certificate of first buyer and annulling the second sale, ordered the seller to
correct the absence of Ignacia’s consent to the sale. Even assuming
Ignacia, shows that she died on March 22, 1982. The same death refund to the second buyer (who was not a purchaser in good faith)
that respondent spouses believed in good faith that Ignacia really
certificate, however, reveals that – (1) it was issued by the Office the purchase price of the lots. It was held therein that the 6%
died on March 22, 1982, after they purchased the lot, the fact
of the Civil Registrar of Lubao Pampanga on March 10, 1982; (2) interest should be computed from the date of the filing of the
remains that the sale of Lot No. 4349B2 prior to Ignacia’s alleged
the alleged death of Ignacia was reported to the Office of the Civil complaint by the first buyer. After the judgment becomes final and
demise was without her consent and therefore subject to
36
executory until the obligation is satisfied, the amount due shall payment of moral and exemplary damages must be made by
earn interest at 12% per year, the interim period being deemed Vicente to his children, petitioners in this case.
equivalent to a forbearance of credit.49
WHEREFORE, in view of all the foregoing, the petition is
Accordingly, the amount of P110,000.00 due the respondent PARTIALLY GRANTED. The January 26, 2000 Decision and
spouses which could be determined with certainty at the time of June 19, 2002, Resolution of the Court of Appeals in CAG.R. No.
the filing of the complaint shall earn 6% interest per annum from 28464 are REVERSED and SET ASIDE. The May 31, 1990 Order
June 4, 1986 until the finality of this decision. If the adjudged of the Regional Trial Court of Quezon City, Branch 101, in Civil
principal and the interest (or any part thereof) remain unpaid Case No. Q48018, which annulled the March 1, 1983 Deed of
thereafter, the interest rate shall be twelve percent (12%) per Absolute Sale over Lot No. 4349B2, and ordered the Register of
annum computed from the time the judgment becomes final and Deeds of Quezon City to cancel TCT No. 306087 in the name of
executory until it is fully satisfied. respondent spouses Cipriano Mijares and Florentina Mijares
covering the same property; as well as the June 29, 1990 Order
Petitioner’s prayer for payment of rentals should be denied. Other
correcting the typographical errors in the order dated March 1,
than the allegation of Ignacia in her Sinumpaang Salaysay that the
1983, are REINSTATED, with the following modifications –
apartments could be rented at P1,000.00 a month, no other
evidence was presented to substantiate her claim. In awarding (1) The Register of Deeds of Quezon City is ordered to
rentals which are in the nature of actual damages, the Court cannot issue a new certificate of title over Lot No. 4349B2, in
rely on mere assertions, speculations, conjectures or guesswork but the name of petitioners as coowners thereof;
must depend on competent proof and on the best evidence
(2) Vicente Reyes is ordered to reimburse the
obtainable regarding the actual amount of loss.50 None, having been
respondent spouses the amount of P110,000.00 as
presented in the case at bar, petitioner’s claim for rentals must be
purchase price of Lot No. 4349B2, with interest at 6%
denied.
per annum from June 4, 1986, until finality of this
While as a general rule, a party who has not appealed is not decision. After this decision becomes final, interest at
entitled to affirmative relief other than the ones granted in the the rate of 12% per annum on the principal and interest
decision of the court below, law and jurisprudence authorize a (or any part thereof) shall be imposed until full
tribunal to consider errors, although unassigned, if they involve (1) payment.
errors affecting the lower court’s jurisdiction over the subject
(3) Defendant Vicente Reyes is ordered to pay the heirs
matter, (2) plain errors not specified, and (3) clerical errors.51 In
of the late Ignacia AguilarReyes, the amounts of
this case, though defendant Vicente Reyes did not appeal, the
P25,000.00 as moral damages and P25,000.00 as
"plain error" committed by the court a quo as to the award of
exemplary damages.
moral and exemplary damages must be corrected. These awards
cannot be lumped together as was done by the trial court. 52 Moral SO ORDERED.
and exemplary damages are different in nature, and require
separate determination. Moral damages are awarded where the Davide, Jr., C.J., (Chairman), Vitug, Carpio, and Azcuna, JJ.,
claimant experienced physical suffering, mental anguish, fright, concur.
serious anxiety, besmirched reputation, wounded feelings, moral
shock, social humiliation, and similar injury as a result of the act
complained of.53 The award of exemplary damages, on the other
hand, is warranted when moral, temperate, liquidated, or
compensatory damages were likewise awarded by the court.54
Hence, the trial court’s award of "P50,000.00 by way of moral and
exemplary damages" should be modified. Vicente Reyes should be
ordered to pay the amounts of P25,000.00 as moral damages and
P25,000.00 as exemplary damages. Since Vicente Reyes was
among the heirs substituted to the late Ignacia AguilarReyes,
37
38
Republic of the Philippines The questioned deed having been executed on January 10, 1988, interest per annum starting from the date of filing of the complaint
SUPREME COURT the defendants claimed that Perez had at least up to September 10, on August 1, 1991 until plaintiff is fully paid.
Manila 1988 within which to register the same, but as they failed to, it is
The defendants shall likewise pay to plaintiff the sum of THREE
not valid and, therefore, unenforceable.
SECOND DIVISION THOUSAND (₱3,000.00) as attorney’s fees.
The trial court thus dismissed the complaint. On appeal to this
G.R. No. 141323 June 8, 2005 The court further orders that the Deed of Absolute Sale, (Annex
Court, the dismissal was set aside and the case was remanded to
‘A’) of the complaint and (Annex ‘C’) of the plaintiff’s Motion for
DAVID V. PELAYO and LORENZA* B. the lower court for further proceedings.
Summary Judgment is declared null and void and without force
PELAYO, Petitioners, In their Answer, the defendants claimed that as the lots were and it is likewise removed as a cloud over defendants’ title and
vs. occupied illegally by some persons against whom they filed an property in suit. . . ."2
MELKI E. PEREZ, Respondent. ejectment case, they and Perez who is their friend and known at the
The RTC Decision was appealed by herein respondent Perez to the
time as an activist/leftist, hence feared by many, just made it
D E C I S I O N CA. Petitioners failed to file their appellees’ brief. The CA then
appear in the deed that the lots were sold to him in order to frighten
promulgated its Decision on April 20, 1999 whereby it ruled that
AUSTRIAMARTINEZ, J.: said illegal occupants, with the intentional omission of Loreza’s
by Lorenza’s signing as witness to the execution of the deed, she
signature so that the deed could not be registered; and that the deed
This resolves the petition for review on certiorari seeking the had knowledge of the transaction and is deemed to have given her
being simulated and bereft of consideration is void/inexistent.
reversal of the Decision 1 of the Court of Appeals (CA) consent to the same; that herein petitioners failed to adduce
promulgated on April 20, 1999 which reversed the Decision of the Perez countered that the lots were given to him by defendant sufficient proof to overthrow the presumption that there was
Regional Trial Court (RTC) of Panabo, Davao, Branch 34, in Civil Pelayo in consideration of his services as his attorneyinfact to consideration for the deed, and that petitioner David Pelayo, being
Case No. 9146; and the CA Resolution dated December 17, 1999 make the necessary representation and negotiation with the illegal a lawyer, is presumed to have acted with due care and to have
denying petitioners’ motion for reconsideration. occupantsdefendants in the ejectment suit; and that after his signed the deed with full knowledge of its contents and import.
relationship with defendant Pelayo became sour, the latter sent a The CA reversed and set aside the RTC Decision, declaring as
The antecedent facts as aptly narrated by the CA are as follows: letter to the Register of Deeds of Tagum requesting him not to valid and enforceable the questioned deed of sale and ordering
David Pelayo (Pelayo),by a Deed of Absolute Sale executed on entertain any transaction concerning the lots title to which was herein petitioner Lorenza Pelayo to affix her signature on all pages
January 11, 1988, conveyed to Melki Perez (Perez) two parcels of entrusted to Perez who misplaced and could [not] locate it. of said document.
agricultural land (the lots) situated in Panabo, Davao which are Defendant Pelayo claimed in any event, in his Pretrial brief filed Petitioners moved for reconsideration of the decision but the same
portions of Lot 4192, Cad. 276 covered by OCT P16873. on March 19, 1996, that the deed was without his wife Loreza’s was denied per Resolution dated December 17, 1999. The CA
Loreza Pelayo (Loreza), wife of Pelayo, and another one whose consent, hence, in light of Art. 166 of the Civil Code which found said motion to have been filed out of time and ruled that
signature is illegible witnessed the execution of the deed. provides: even putting aside technicality, petitioners failed to present any
ground bearing on the merits of the case to justify a reversal or
Loreza, however, signed only on the third page in the space Article 166. Unless the wife has been declared a non compos
setting aside of the decision.
provided for witnesses on account of which Perez’ application for mentis or a spendthrift, or is under civil interdiction or is confined
registration of the deed with the Office of the Register of Deeds in in a leprosarium, the husband cannot alienate or encumber any real Hence, this petition for review on certiorari on the following
Tagum, Davao was denied. property of the conjugal partnership without the wife’s consent . . . grounds:
40
Moreover, under Article 173, in relation to Article 166, both of the With regard to petitioners’ asseveration that the deed of sale is Petitioners contend that the consideration stated in the deed of sale
New Civil Code, which was still in effect on January 11, 1988 invalid under Article 1491, paragraph 2 of the New Civil Code, we is excessively inadequate, indicating that the deed of sale was
when the deed in question was executed, the lack of marital find such argument unmeritorious. Article 1491 (2) provides: merely simulated. We are not persuaded. Our ruling
consent to the disposition of conjugal property does not make the in Buenaventura vs. Court of Appeals15 is pertinent, to wit:
Art. 1491. The following persons cannot acquire by purchase, even
contract void ab initio but merely voidable. Said provisions of law
at a public or judicial auction, either in person or through the . . . Indeed, there is no requirement that the price be equal to the
provide:
mediation of another: exact value of the subject matter of sale. . . . As we stated in Vales
Art. 166. Unless the wife has been declared a non compos . . . vs. Villa:
mentis or a spendthrift, or is under civil interdiction or is confined (2) Agents, the property whose administration or sale may have
Courts cannot follow one every step of his life and extricate him
in a leprosarium, the husband cannot alienate or encumber any real been entrusted to them, unless the consent of the principal has been
from bad bargains, protect him from unwise investments, relieve
property of the conjugal property without the wife’s consent. If she given;
him from onesided contracts, or annul the effects of foolish acts.
refuses unreasonably to give her consent, the court may compel her . . .
Courts cannot constitute themselves guardians of persons who are
to grant the same. In Distajo vs. Court of Appeals,12 a landowner, Iluminada Abiertas,
not legally incompetent. Courts operate not because one person has
designated one of her sons as the administrator of several parcels
. . . been defeated or overcome by another, but because he has been
of her land. The landowner subsequently executed a Deed of
defeated or overcome illegally. Men may do foolish things, make
Art. 173. The wife may, during the marriage, and within ten years Certification of Sale of Unregistered Land, conveying some of said
ridiculous contracts, use miserable judgment, and lose money by
from the transaction questioned, ask the courts for the annulment land to her son/administrator. Therein, we held that:
them – indeed, all they have in the world; but not for that alone can
of any contract of the husband entered into without her consent,
Under paragraph (2) of the above article, the prohibition against the law intervene and restore. There must be, in addition,
when such consent is required, or any act or contract of the
agents purchasing property in their hands for sale or management a violation of the law, the commission of what the law knows as
husband which tends to defraud her or impair her interest in the
is not absolute. It does not apply if the principal consents to the an actionable wrong, before the courts are authorized to lay hold of
conjugal partnership property. Should the wife fail to exercise this
sale of the property in the hands of the agent or administrator. In the situation and remedy it.16
right, she or her heirs, after the dissolution of the marriage, may
this case, the deeds of sale signed by Iluminada Abiertas shows
demand the value of property fraudulently alienated by the Verily, in the present case, petitioners have not presented proof
that she gave consent to the sale of the properties in favor of her
husband. that there has been fraud, mistake or undue influence exercised
son, Rufo, who was the administrator of the properties. Thus, the
consent of the principal Iluminada Abiertas removes the upon them by respondent. It is highly unlikely and contrary to
Hence, it has been held that the contract is valid until the court
transaction out of the prohibition contained in Article 1491(2).13 human experience that a layman like respondent would be able to
annuls the same and only upon an action brought by the wife
defraud, exert undue influence, or in any way vitiate the consent of
whose consent was not obtained.11 In the present case, despite
The abovequoted ruling is exactly in point with this case before a lawyer like petitioner David Pelayo who is expected to be more
respondent’s repeated demands for Lorenza to affix her signature
us. Petitioners, by signing the Deed of Sale in favor of respondent, knowledgeable in the ways of drafting contracts and other legal
on all the pages of the deed of sale, showing respondent’s
are also deemed to have given their consent to the sale of the transactions.
insistence on enforcing said contract, Lorenza still did not file a
subject property in favor of respondent, thereby making the
case for annulment of the deed of sale. It was only when Furthermore, in their Reply to Respondent’s
transaction an exception to the general rule that agents are
respondent filed a complaint for specific performance on August 8, Memorandum, petitioners adopted the CA’s narration of fact that
prohibited from purchasing the property of their principals.
1991 when petitioners brought up Lorenza’s alleged lack of petitioners stated in a letter they sent to the Register of Deeds of
consent as an affirmative defense. Thus, if the transaction was Petitioners also argue that the CA erred in ruling that there was Tagum that they have entrusted the titles over subject lots to herein
indeed entered into without Lorenza’s consent, we find it quite consideration for the sale. We find no error in said appellate respondent. Such act is a clear indication that they intended to
puzzling why for more than three and a half years, Lorenza did court’s ruling. The element of consideration for the sale is indeed convey the subject property to herein respondent and the deed of
absolutely nothing to seek the nullification of the assailed contract. present. Petitioners, in adopting the trial court’s narration of sale was not merely simulated or fictitious.
antecedent facts in their petition,14 thereby admitted that they
The foregoing circumstances lead the Court to believe that Lorenza Lastly, petitioners claim that they were not able to fully ventilate
authorized respondent to represent them in negotiations with the
knew of the full import of the transaction between respondent and their defense before the CA as their lawyer, who was then
"squatters" occupying the disputed property and, in consideration
her suffering from cancer of the liver, failed to file their appellees’
of respondent’s services, they executed the subject deed of sale.
Aside from such services rendered by respondent, petitioners also brief. Thus, in their motion for reconsideration of the CA Decision,
husband; and, by affixing her signature on the deed of sale, she, in
acknowledged in the deed of sale that they received in full the they prayed that they be allowed to submit such appellees’ brief.
effect, signified her consent to the disposition of their conjugal
amount of Ten Thousand Pesos. Evidently, the consideration for The CA, in its Resolution dated December 17, 1999, stated thus:
property.
the sale is respondent’s services plus the aforementioned cash By movantdefendantappellee’s own information, his counsel
money. received a copy of the decision on May 5, 1999. He, therefore, had
fifteen (15) days from said date or up to May 20, 1999 to file the
41
motion. The motion, however, was sent through a private courier
and, therefore, considered to have been filed on the date of actual
receipt on June 17, 1999 by the addressee – Court of Appeals, was
filed beyond the reglementary period. Republic of the Philippines
SUPREME COURT
Technicality aside, movant has not proffered any ground bearing
Manila
on the merits of the case why the decision should be set
aside.1awphi1 SECOND DIVISION
Petitioners never denied the CA finding that their motion for G.R. No. 170166 April 6, 2011
reconsideration was filed beyond the fifteenday reglementary
period. On that point alone, the CA is correct in denying due JOE A. ROS and ESTRELLA AGUETE, Petitioners,
course to said motion. The motion having been belatedly filed, the vs.
CA Decision had then attained finality. Thus, in Abalos vs. Philex PHILIPPINE NATIONAL BANK LAOAG
Mining Corporation,18 we held that: BRANCH, Respondent.
D E C I S I O N
. . . Nothing is more settled in law than that once a judgment
CARPIO, J.:
attains finality it thereby becomes immutable and unalterable. It
The Case
may no longer be modified in any respect, even if the modification
G.R. No. 170166 is a petition for review 1 assailing the
is meant to correct what is perceived to be an erroneous conclusion
Decision2 promulgated on 17 October 2005 by the Court of
of fact or law, and regardless of whether the modification is
Appeals (appellate court) in CAG.R. CV No. 76845. The
attempted to be made by the court rendering it or by the highest
appellate court granted the appeal filed by the Philippine National
court of the land.
Bank – Laoag Branch (PNB). The appellate court reversed the 29
Moreover, it is pointed out by the CA that said motion did not June 2001 Decision of Branch 15 of the Regional Trial Court of
present any defense or argument on the merits of the case that Laoag City (trial court) in Civil Case No. 7803.
could have convinced the CA to reverse or modify its Decision.
The trial court declared the Deed of Real Estate Mortgage executed
We have consistently held that a petitioner’s right to due process is by spouses Jose A. Ros3 (Ros) and Estrella Aguete (Aguete)
not violated where he was able to move for reconsideration of the (collectively, petitioners), as well as the subsequent foreclosure
order or decision in question.19 In this case, petitioners had the proceedings, void. Aside from payment of attorney’s fees, the trial
opportunity to fully expound on their defenses through a motion court also ordered PNB to vacate the subject property to give way
for reconsideration. Petitioners did file such motion but they to petitioners’ possession.
wasted such opportunity by failing to present therein whatever
errors they believed the CA had committed in its Decision. The Facts
Definitely, therefore, the denial of petitioners’ motion for The appellate court narrated the facts as follows:
reconsideration, praying that they be allowed to file appellees’
brief, did not infringe petitioners’ right to due process as any issue On January 13, 1983, spouses Jose A. Ros and Estrella Aguete
that petitioners wanted to raise could and should have been filed a complaint for the annulment of the Real Estate Mortgage
contained in said motion for reconsideration. and all legal proceedings taken thereunder against PNB, Laoag
Branch before the Court of First Instance, Ilocos Norte docketed as
IN VIEW OF THE FOREGOING, the petition is DENIED and Civil Case No. 7803.
the Decision of the Court of Appeals dated April 20, 1999 and its
Resolution dated December 17, 1999 are hereby AFFIRMED. The complaint was later amended and was raffled to the Regional
Trial Court, Branch 15, Laoag City.
SO ORDERED.
The averments in the complaint disclosed that plaintiffappellee
MA. ALICIA AUSTRIAMARTINEZ Joe A. Ros obtained a loan of ₱115,000.00 from PNB Laoag
Associate Justice Branch on October 14, 1974 and as security for the loan, plaintiff
appellee Ros executed a real estate mortgage involving a parcel of
42
land – Lot No. 9161 of the Cadastral Survey of Laoag, with all the 1. DECLARING the Deed of Real Estate Mortgage rely solely on Aguete’s testimony that her signatures on the loan
improvements thereon described under Transfer Certificate of Title (Exhibit "C") and the subsequent foreclosure documents were forged. The appellate court declared that Aguete
No. T9646. proceedings conducted thereon NULL and VOID; affixed her signatures on the documents knowingly and with her
full consent.
Upon maturity, the loan remained outstanding. As a result, PNB 2. ORDERING the Register of Deeds of the City of
instituted extrajudicial foreclosure proceedings on the mortgaged Laoag to cancel TCT No. T15276 in the name of Assuming arguendo that Aguete did not give her consent to Ros’
property. After the extrajudicial sale thereof, a Certificate of Sale defendant PNB and revert the same in the name of loan, the appellate court ruled that the conjugal partnership is still
was issued in favor of PNB, Laoag as the highest bidder. After the plaintiffs spouses Joe Ros and Estrella Aguete; liable because the loan proceeds redounded to the benefit of the
lapse of one (1) year without the property being redeemed, the family. The records of the case reveal that the loan was used for
3. ORDERING defendant to vacate and turnover the
property was consolidated and registered in the name of PNB, the expansion of the family’s business. Therefore, the debt
possession of the premises of the property in suit to the
Laoag Branch on August 10, 1978. obtained is chargeable against the conjugal partnership.
plaintiffs; and
Claiming that she (plaintiffappellee Estrella Aguete) has no Petitioners filed the present petition for review before this Court on
4. ORDERING defendant to pay plaintiffs attorney’s
knowledge of the loan obtained by her husband nor she consented 9 December 2005.
fee and litigation expenses in the sum of TEN
to the mortgage instituted on the conjugal property – a complaint
THOUSAND (₱10,000.00) PESOS. The Issues
was filed to annul the proceedings pertaining to the mortgage, sale
and consolidation of the property – interposing the defense that her No pronouncement as to costs. Petitioners assigned the following errors:
signatures affixed on the documents were forged and that the loan
SO ORDERED. 6]
I. The Honorable Court of Appeals erred in not giving weight to
did not redound to the benefit of the family.1avvphi1
the findings and conclusions of the trial court, and in reversing and
PNB filed its Notice of Appeal of the trial court’s decision on 13
7
In its answer, PNB prays for the dismissal of the complaint for lack setting aside such findings and conclusions without stating specific
September 2001 and paid the corresponding fees. Petitioners filed
of cause of action, and insists that it was plaintiffsappellees’ own contrary evidence;
on the same date a motion for execution pending appeal, 8 which
acts [of]
PNB opposed.9 In their comment to the opposition10 filed on 10 II. The Honorable Court of Appeals erred in declaring the real
omission/connivance that bar them from recovering the subject October 2001, petitioners stated that at the hearing of the motion estate mortgage valid;
property on the ground of estoppel, laches, abandonment and on 3 October 2001, PNB’s lay representative had no objection to
prescription.4] the execution of judgment pending appeal. Petitioners claimed that III. The Honorable Court of Appeals erred in declaring, without
the house on the subject lot is dilapidated, a danger to life and basis, that the loan contracted by husband Joe A. Ros with
The Trial Court’s Ruling respondent Philippine National Bank – Laoag redounded to the
limb, and should be demolished. Petitioners added that they
obliged themselves to make the house habitable at a cost of not less benefit of his family, aside from the fact that such had not been
On 29 June 2001, the trial court rendered its Decision 5 in favor of
raised by respondent in its appeal.14]
petitioners. The trial court declared that Aguete did not sign the ₱50,000.00. The repair cost would accrue to PNB’s benefit should
loan documents, did not appear before the Notary Public to the appellate court reverse the trial court. PNB continued to oppose The Court’s Ruling
acknowledge the execution of the loan documents, did not receive petitioners’ motion.11
the loan proceeds from PNB, and was not aware of the loan until The petition has no merit. We affirm the ruling of the appellate
In an Order12 dated 8 May 2002, the trial court found petitioners’ court.
PNB notified her in 14 August 1978 that she and her family should
motion for execution pending appeal improper because petitioners
vacate the mortgaged property because of the expiration of the The Civil Code was the applicable law at the time of the mortgage.
have made it clear that they were willing to wait for the appellate
redemption period. Under the Civil Code, the effective law at the The subject property is thus considered part of the conjugal
court’s decision. However, as a court of justice and equity, the trial
time of the transaction, Ros could not encumber any real property partnership of gains. The pertinent articles of the Civil Code
court allowed petitioners to occupy the subject property with the
of the conjugal partnership without Aguete’s consent. Aguete may, provide:
condition that petitioners would voluntarily vacate the premises
during their marriage and within ten years from the transaction
and waive recovery of improvements introduced should PNB
questioned, ask the courts for the annulment of the contract her Art. 153. The following are conjugal partnership property:
prevail on appeal.
husband entered into without her consent, especially in the present (1) That which is acquired by onerous title during the
case where her consent is required. The trial court, however, ruled The Appellate Court’s Ruling marriage at the expense of the common fund, whether
that its decision is without prejudice to the right of action of PNB the acquisition be for the partnership, or for only one of
On 17 October 2005, the appellate court rendered its
to recover the amount of the loan and its interests from Ros. the spouses;
Decision13 and granted PNB’s appeal. The appellate court reversed
The dispositive portion reads: the trial court’s decision, and dismissed petitioners’ complaint. (2) That which is obtained by the industry, or work or
WHEREFORE, premises considered, judgment is hereby rendered: The appellate court stated that the trial court concluded forgery as salary of the spouses, or of either of them;
without adequate proof; thus it was improper for the trial court to
43
(3) The fruits, rents or interest received or due during There is no doubt that the subject property was acquired during memorandum before the trial court, petitioners themselves
the marriage, coming from the common property or Ros and Aguete’s marriage. Ros and Aguete were married on 16 admitted that Ros forged Aguete’s signatures.
from the exclusive property of each spouse. January 1954, while the subject property was acquired in
Joe A. Ros in legal effect admitted in the complaint that the
1968.15 There is also no doubt that Ros encumbered the subject
Art. 160. All property of the marriage is presumed to belong to the signatures of his wife in the questioned documents are forged,
property when he mortgaged it for P115,000.00 on 23 October
conjugal partnership, unless it be proved that it pertains exclusively incriminating himself to criminal prosecution. If he were alive
1974.16 PNB Laoag does not doubt that Aguete, as evidenced by
to the husband or to the wife. today, he would be prosecuted for forgery. This strengthens the
her signature, consented to Ros’ mortgage to PNB of the subject
testimony of his wife that her signatures on the questioned
Art. 161. The conjugal partnership shall be liable for: property. On the other hand, Aguete denies ever having consented
documents are not hers.
to the loan and also denies affixing her signature to the mortgage
(1) All debts and obligations contracted by the husband
and loan documents. In filing the complaint, it must have been a remorse of conscience
for the benefit of the conjugal partnership, and those
for having wronged his family; in forging the signature of his wife
contracted by the wife, also for the same purpose, in the The husband cannot alienate or encumber any conjugal real
on the questioned documents; in squandering the P115,000.00 loan
cases where she may legally bind the partnership; property without the consent, express or implied, of the wife.
from the bank for himself, resulting in the foreclosure of the
Should the husband do so, then the contract is voidable. 17 Article
(2) Arrears or income due, during the marriage, from conjugal property; eviction of his family therefrom; and, exposure
173 of the Civil Code allows Aguete to question Ros’
obligations which constitute a charge upon property of to public contempt, embarassment and ridicule.22]
encumbrance of the subject property. However, the same article
either spouse or of the partnership;
does not guarantee that the courts will declare the annulment of the The application for loan shows that the loan would be used
(3) Minor repairs or for mere preservation made during contract. Annulment will be declared only upon a finding that the exclusively "for additional working [capital] of buy & sell of garlic
the marriage upon the separate property of either the wife did not give her consent. In the present case, we follow the & virginia tobacco."23 In her testimony, Aguete confirmed that Ros
husband or the wife; major repairs shall not be charged conclusion of the appellate court and rule that Aguete gave her engaged in such business, but claimed to be unaware whether it
to the partnership; consent to Ros’ encumbrance of the subject property. prospered. Aguete was also aware of loans contracted by Ros, but
did not know where he "wasted the money." 24 Debts contracted by
(4) Major or minor repairs upon the conjugal The documents disavowed by Aguete are acknowledged before a
the husband for and in the exercise of the industry or profession by
partnership property; notary public, hence they are public documents. Every instrument
which he contributes to the support of the family cannot be deemed
duly acknowledged and certified as provided by law may be
(5) The maintenance of the family and the education of to be his exclusive and private debts.25
presented in evidence without further proof, the certificate of
the children of both husband and wife, and of legitimate acknowledgment being prima facie evidence of the execution of If the husband himself is the principal obligor in the
children of one of the spouses; the instrument or document involved.18 The execution of a contract, i.e., he directly received the money and services to be
(6) Expenses to permit the spouses to complete a document that has been ratified before a notary public cannot be used in or for his own business or his own profession, that contract
professional, vocational or other course. disproved by the mere denial of the alleged signer. 19 PNB was falls within the term "x x x x obligations for the benefit of the
correct when it stated that petitioners’ omission to present other conjugal partnership." Here, no actual benefit may be proved. It is
Art. 166. Unless the wife has been declared a non compos positive evidence to substantiate their claim of forgery was fatal to enough that the benefit to the family is apparent at the signing of
mentis or a spendthrift, or is under civil interdiction or is confined petitioners’ cause.20 Petitioners did not present any corroborating the contract. From the very nature of the contract of loan or
in a leprosarium, the husband cannot alienate or encumber any real witness, such as a handwriting expert, who could authoritatively services, the family stands to benefit from the loan facility or
property of the conjugal partnership without the wife’s consent. If declare that Aguete’s signatures were really forged. services to be rendered to the business or profession of the
she refuses unreasonably to give her consent, the court may husband. It is immaterial, if in the end, his business or profession
compel her to grant the same. A notarized document carries the evidentiary weight conferred
fails or does not succeed. Simply stated, where the husband
upon it with respect to its due execution, and it has in its favor the
Art. 173. The wife may, during the marriage, and within ten years contracts obligations on behalf of the family business, the law
presumption of regularity which may only be rebutted by evidence
from the transaction questioned, ask the courts for the annulment presumes, and rightly so, that such obligation will redound to the
so clear, strong and convincing as to exclude all controversy as to
of any contract of the husband entered into without her consent, benefit of the conjugal partnership.26]
the falsity of the certificate. Absent such, the presumption must be
when such consent is required, or any act or contract of the upheld. The burden of proof to overcome the presumption of due For this reason, we rule that Ros’ loan from PNB redounded to the
husband which tends to defraud her or impair her interest in the execution of a notarial document lies on the one contesting the benefit of the conjugal partnership. Hence, the debt is chargeable
conjugal partnership property. Should the wife fail to exercise this same. Furthermore, an allegation of forgery must be proved by to the conjugal partnership.
right, she or her heirs after the dissolution of the marriage may clear and convincing evidence, and whoever alleges it has the
demand the value of the property fraudulently alienated by the burden of proving the same.21] WHEREFORE, we DENY the petition. The Decision of the
husband. Court of Appeals in CAG.R. CV No. 76845 promulgated on 17
Ros himself cannot bring action against PNB, for no one can come October 2005 is AFFIRMED. Costs against petitioners.
before the courts with unclean hands.1avvphi1 In their
44
SO ORDERED. in said court against the respondents. The CA Resolution denied Respondents filed a petition for certiorari and prohibition with the
the petitioners’ motion for reconsideration. CA assailing the aforementioned Order of denial by the RTC.
ANTONIO T. CARPIO Their initial petition was dismissed for being insufficient in form.
Associate Justice Respondents then refiled their petition, which was docketed as
The subject matter of the action is a parcel of land with an area of
520.50 square meters situated in Diliman, Quezon City, described CAG.R. SP No. 36868. In a decision15 dated May 26, 1995,
as Lot 15, Block 89 of the subdivision plan Psd68807, covered by respondents’ refiled petition was denied due course by the CA.
Transfer Certificate of Title (TCT) No. 107534 4 issued on May 23, Having been filed beyond the reglementary period, respondents’
1966 and registered in the name of Domingo B. Hernandez, Sr. subsequent motion for reconsideration was simply noted by the CA
married to Sergia V. Hernandez. Later on, said TCT No. 107534 in its Resolution of July 7, 1995. On the basis of a technicality, this
was cancelled and in lieu thereof, TCT No. 290121 5 was issued in Court, in a Resolution dated September 27, 1995, dismissed
favor of Melanie Mingoa. respondents' appeal which was docketed as G.R. No. 121020. Per
Entry of Judgment,16 said Resolution became final and executory
These are the factual antecedents of this case: on January 2, 1996.
On February 11, 1994, a complaint6 was filed with the RTC of Meanwhile, respondents filed their Answer17 in the main case
Quezon City by herein petitioners, heirs of Domingo Hernandez, therein denying the allegations of the complaint and averring as
Sr., namely, spouse Sergia Hernandez and their surviving children defenses the same grounds upon which they anchored their earlier
Domingo, Jr. and Maria Leonora Wilma, against the respondents motion to dismiss.
herein, Dolores Camisura, Melanie Mingoa, Atty. Plaridel Mingoa,
Republic of the Philippines Sr. and all persons claiming rights under the latter, and the Quezon The parties having failed to amicably settle during the scheduled
SUPREME COURT City Register of Deeds. The case was docketed as Civil Case No. pretrial conference, the case proceeded to trial.
Manila 09419276. The evidence respectively presented by the parties is summarized
FIRST DIVISION In their complaint, the petitioners asked for (a) the annulment as follows:18
and/or declaration of nullity of TCT No. 290121 including all its x x x [It] appears that in the early part of 1958, Domingo
G.R. No. 146548 December 18, 2009
derivative titles, the Irrevocable Special Power of Attorney (SPA) Hernandez, Sr. (who was then a Central Bank employee) and his
dated February 14, 1963 in favor of Dolores Camisura, 7 the SPA spouse Sergia V. Hernandez were awarded a piece of real property
HEIRS OF DOMINGO HERNANDEZ, SR., namely: SERGIA dated May 9, 1964 in favor of Plaridel Mingoa, Sr., 8 and the Deed by the Philippine Homesite and Housing Corporation (PHHC) by
V. HERNANDEZ (Surviving Spouse), DOMINGO V. of Absolute Sale of Real Estate 9 dated July 9, 1978 executed by way of salary deduction. On October 18, 1963, the [petitioners]
HERNANDEZ, JR., and MARIA LEONORA WILMA Plaridel Mingoa, Sr. in favor of Melanie Mingoa for being then having paid in full the entire amount of P6,888.96, a Deed of
HERNANDEZ, Petitioners, products of forgery and falsification; and (b) the reconveyance Absolute Sale of the property was executed by the PHHC in their
vs. and/or issuance to them (petitioners) by the Quezon City Register favor. TCT No. 107534, covering the property was issued to the
PLARIDEL MINGOA, SR., DOLORES CAMISURA, of Deeds of the certificate of title covering the subject property. [petitioners] on May 23, 1966. It bears an annotation of the
MELANIE MINGOA AND QUEZON CITY REGISTER OF Respondents filed a Motion to Dismiss 10 the complaint interposing retention period of the property by the awardee (i.e., restriction of
DEEDS,1 Respondents. the following grounds: the claim or demand has been paid, waived, any unauthorized sale to third persons within a certain period). Tax
abandoned or otherwise extinguished; lack of cause of action; lack payments due on the property were religiously paid (until 1955) by
of jurisdiction over the person of the defendants or over the subject the [petitioners] as evidenced by receipts under the [petitioners’]
D E C I S I O N
or nature of the suit; and prescription. The following were attached name.
to said motion: a Deed of Transfer of Rights 11 dated February 14, Hernandez, Sr. died intestate in April 1983 and it was only after his
LEONARDODE CASTRO, J.:
1963 from Domingo Hernandez, Sr. to Camisura, the Irrevocable burial that his heirs found out that TCT No. 107534 was already
SPA12 executed by the former in the latter’s favor, and a Deed of cancelled a year before (in 1982), and in lieu thereof, TCT No.
This is a petition for review on certiorari of the Decision2 dated Sale of Right in a Residential Land and Improvements 290121 was issued to the [respondents]. Upon diligent inquiry,
September 7, 2000 and Resolution3 dated December 29, 2000, both Therein13 dated May 9, 1964 executed by Camisura in favor of [petitioners] came to know that the cancellation of TCT (No.
of the Court of Appeals (CA), in CAG.R. CV No. 54896. The CA Plaridel Mingoa, Sr. 107534) in favor of the [respondents’] xxx TCT (No. 290121) was
Decision reversed and set aside the decision of the Regional Trial
In its Order14 dated September 1, 1994, the trial court denied based upon three sets of documents, namely, (1) Irrevocable Power
Court (RTC) of Quezon City (Branch 92), which ruled in favor of
respondents’ motion to dismiss. of Attorney; (2) Irrevocable Special Power of Attorney; and (3)
herein petitioners in the action for reconveyance filed by the latter
Deed of Absolute Sale.
45
[Petitioners] also allege that because of financial difficulties, they paid all the property taxes due thereon aside from having actual Attorney would be constituted by the plaintiffs authorizing the
were only able to file a complaint on February 11, 1995 after possession of the said property. (words in brackets ours) former to sell the subject property. This is because for all intents
consulting with several lawyers. and purposes, the land is already the defendants’ for if we are to
On May 9, 1996, the RTC rendered a decision 19 in favor of the
follow their claim, they paid for the full amount of the same. It can
petitioners, with the following dispositive portion:
x x x x be safely concluded then that the Power of Attorney was
unnecessary because the defendants, as buyers, can compel the
WHEREFORE, premises considered, judgment is hereby rendered plaintiffsellers to execute the transfer of the said property after the
[Respondents] xxx on the other hand do not deny that Hernandez, in favor of the plaintiffs as follows: period of prohibition has lapsed. The defendants, as owners, will
Sr. was indeed awarded a piece of real property by the PHHC.
have the right to do whatever they want with the land even without
According to the [respondents] xxx, Hernandez, Sr. was awarded
1) TCT No. 290121 and all its derivative titles are hereby an Irrevocable Power of Attorney. Since the presence of the
by the PHHC the Right to Purchase the property in question;
declared null and void; Irrevocable Power of Attorney is established, it is now the task of
however, the late Hernandez, Sr. failed to pay all the installments
this Court to determine the validity of the sale made by virtue of
due on the said property. Thus, afraid that he would forfeit his right
2) Ordering the Register of Deeds of Quezon City to cancel the said Power of Attorney. As what was said earlier, the Court
to purchase the property awarded to him, Hernandez, Sr. sold to
TCT No. 290121 issued in the name of defendant Melanie subscribes to the points raised by the plaintiffs. It was proved
Dolores Camisura his rights for the sum of P6,500.00 on February
Mingoa and corresponding owner’s duplicate certificate and during trial that the signature of the wife was falsified. Therefore,
14, 1963, through a deed of transfer of rights, seemingly a printed
all its derivative title[s]; it is as if the wife never authorized the agent to sell her share of the
form from the PHHC. Simultaneous to this, Hernandez, Sr. and his
subject land, it being conjugal property. It follows that the sale of
spouse executed an irrevocable special power of attorney,
half of the land is invalid. However, it must be pointed out that the
appointing Dolores Camisura as their attorneyinfact with express 3) Ordering defendant Melanie Mingoa and all derivative
signature of the deceased husband was never contested and is
power to sign, execute and acknowledge any contract of owners to surrender owner’s duplicate copies of transfer
therefore deemed admitted. We now come to the half which
disposition, alienation and conveyance of her right over the certificate of title to the Register of Deeds of Quezon City
belongs to the deceased husband. The Law on Sales expressly
aforesaid parcel of land. for cancellation upon finality of this decision;
prohibits the agent from purchasing the property of the principal
without the latter’s consent (Article 1491 of the Civil Code). It was
Apparently, this special power of attorney was executed for the 4) Ordering the defendants except the Register of Deeds of established from the records that defendant Plaridel Mingoa sold
purpose of securing her right to transfer the property to a third Quezon City to turn over to the plaintiffs the peaceful the subject land to his daughter Melanie. It is now for the Court to
person considering that there was a prohibition to dispose of the possession of the subject property; and decide whether this transaction is valid. x x x Considering that the
property by the original purchaser within one (1) year from full sale took place in July 1978, it follows from simple mathematical
payment. Else wise stated, the irrevocable power of attorney was 5) Ordering the defendants except the Register of Deeds of computation that Melanie was then a minor (20 years of age) when
necessary in order to enable the buyer, Dolores Camisura, to sell Quezon City to jointly and severally (sic) pay the plaintiffs she allegedly bought the property from her father. Since Melanie’s
the lot to another, Plaridel Mingoa, without the need of requiring the sum of P10,000.00 as attorney’s [fees] and to pay the father is the subagent of the deceased principal, he is prohibited
Hernandez, to sign a deed of conveyance. costs of suit. by law from purchasing the land without the latter’s consent. This
On May 9, 1964, Dolores Camisura sold her right over the said being the case, the sale is invalid for it appears that Plaridel
property to Plaridel Mingoa for P7,000.00. Camisura then executed Mingoa sold the land to himself. It should be noted that the
SO ORDERED.
a similar irrevocable power of attorney and a deed of sale of right defendants could have easily presented Melanie’s birth certificate,
in a residential land and improvements therein in favor of Plaridel it being at their disposal, but they chose not to. Because of this, this
In ruling in favor of petitioners, the trial court reasoned as Court is of the belief that the presumption that evidence willfully
Mingoa. Upon such payment and on the strength of the said follows:20
irrevocable power of attorney, Plaridel Mingoa took possession of suppressed would be adverse if produced arises.
the said property and began paying all the installments due on the The two (2) parties in the case at bar gave out conflicting versions The trial court denied respondents’ motion for reconsideration of
property to PHHC. Plaridel Mingoa further secured TCT No. as to who paid for the subject property. The plaintiffs claim that the aforementioned decision in its Order21 of August 22, 1996.
107534 (issued in the name of Domingo Hernandez, Sr.) on May, they were the ones who paid the entire amount out of the conjugal
1966. On July 9, 1978, Plaridel Mingoa sold to his eldest child, funds while it is the contention of the defendant Mingoa that the Aggrieved, the respondents appealed to the CA, where their case
Melanie Mingoa, the property in question for P18,000.00. TCT No. former were not able to pay. The defendant alleged that the right to was docketed as CAG.R. CV No. 54896. Holding that the
107534 was thus cancelled and TCT No. 290121 was issued in the purchase was sold to him and he was able to pay the whole petitioners were barred by prescription and laches to take any
name of Melanie Mingoa. It is further claimed that since 1966 until amount. The Court is of the opinion that petitioners’ version is action against the respondents, the CA, in its herein assailed
1982, Plaridel Mingoa religiously paid all the taxes due on the said more credible taken together with the presence of the irrevocable Decision22 dated September 7, 2000, reversed and set aside the
property; and that from 1983 up to the present, Melanie Mingoa power of attorney which both parties admitted. In light of the appealed decision, thereby dismissing the complaint filed by the
version of the defendants, it is highly improbable that a Power of petitioners before the trial court. In full, the disposition reads:
46
WHEREFORE, in view of the foregoing, the Decision of the RTC The petition before us raises factual issues which are not proper in authority to inform the Court of Appeals in behalf of the other
Branch 92, Quezon City, in Civil Case No. Q9419276, entitled, a petition for review under Rule 45 of the Rules of Court. petitioners that they have not commenced any action or claim
"Heirs of Domingo Hernandez, Sr. vs. Dolores Camisura, et. al.," However, we find that one of the exceptional circumstances involving the same issues in another court or tribunal, and that
is hereby REVERSED AND SET ASIDE. A new one is hereby qualifying a factual review by the Court exists, that is, the factual there is no other pending action or claim in another court or
entered, DISMISSING the complaint in Civil Case No. Q94 findings of the CA are at variance with those of the trial court. We tribunal involving the same issues. x x x
19276 entitled, "Heirs of Domingo Hernandez, Sr. vs. Dolores shall then give due course to the instant petition and review the
Here, all the petitioners are immediate relatives who share a
Camisura, et. al.," filed by the plaintiffsappellees before the RTC factual findings of the CA.
common interest in the land sought to be reconveyed and a
Branch 92, Quezon City for lack of merit.
Even if only petitioner Domingo Hernandez, Jr. executed the common cause of action raising the same arguments in support
SO ORDERED. Verification/Certification26 against forumshopping, this will not thereof. There was sufficient basis, therefore, for Domingo
deter us from proceeding with the judicial determination of the Hernandez, Jr. to speak for and in behalf of his copetitioners when
Petitioners’ subsequent motion for reconsideration was denied by
issues in this petition. As we ratiocinated in Heirs of Olarte v. he certified that they had not filed any action or claim in another
the CA in its impugned Resolution23 dated December 29, 2000.
Office of the President:27 court or tribunal involving the same issues. Thus, the
Hence, petitioners are now before this Court via the present Verification/Certification that Hernandez, Jr. executed constitutes
The general rule is that the certificate of nonforum shopping must
recourse. The ten (10) assigned errors set forth in the petition all substantial compliance under the Rules.
be signed by all the plaintiffs in a case and the signature of only
boil down to the essential issue of whether the title of the subject
one of them is insufficient. However, the Court has also stressed Anent the contention that the petition erroneously impleaded the
property in the name of respondent Melanie Mingoa may still be
that the rules on forum shopping were designed to promote and CA as respondent in contravention of Section 4(a) 28 of Rule 45 of
reconveyed to the petitioners. As we see it, the resolution thereof
facilitate the orderly administration of justice and thus should not the 1997 Rules of Civil Procedure, we shall apply our ruling in
hinges on these two pivotal questions: (1) whether there was a
be interpreted with such absolute literalness as to subvert its own Simon v. Canlas,29 wherein we held that:
valid alienation involving the subject property; and (2) whether the
ultimate and legitimate objective. The rule of substantial
action impugning the validity of such alienation has prescribed x x x [The] Court agrees that the correct procedure, as mandated
compliance may be availed of with respect to the contents of the
and/or was barred by laches. by Section 4, Rule 45 of the 1997 Rules of Civil Procedure, is not
certification. This is because the requirement of strict compliance
to implead the lower court which rendered the assailed decision.
The Court shall deal first with the procedural issues raised by the with the provisions regarding the certification of nonforum
However, impleading the lower court as respondent in the petition
respondents in their Comment.24 shopping merely underscores its mandatory nature in that the
for review on certiorari does not automatically mean the dismissal
certification cannot be altogether dispensed with or its
We held in VeraCruz v. Calderon25 that: of the appeal but merely authorizes the dismissal of the petition.
requirements completely disregarded. Thus, under justifiable
Besides, formal defects in petitions are not uncommon. The Court
As a general rule, only questions of law may be raised in a petition circumstances, the Court has relaxed the rule requiring the
has encountered previous petitions for review on certiorari that
for review on certiorari to the Supreme Court. Although it has long submission of such certification considering that although it is
erroneously impleaded the CA. In those cases, the Court merely
been settled that findings of fact are conclusive upon this Court, obligatory, it is not jurisdictional.
called the petitioners’ attention to the defects and proceeded to
there are exceptional circumstances which would require us to resolve the case on their merits.
In HLC Construction and Development Corporation v. Emily
review findings of fact of the Court of Appeals, to wit:
Homes Subdivision Homeowners Association, it was held that the
(1) the conclusion is a finding grounded entirely on speculation, signature of only one of the petitioners in the certification against The Court finds no reason why it should not afford the same liberal
surmise and conjectures; (2) the inference made is manifestly forum shopping substantially complied with rules because all the treatment in this case. While unquestionably, the Court has the
mistaken; (3) there is grave abuse of discretion; (4) the judgment is petitioners share a common interest and invoke a common cause of discretion to dismiss the appeal for being defective, sound policy
based on misapprehension of facts; (5) the findings of fact are action or defense. dictates that it is far better to dispose of cases on the merits, rather
conflicting; (6) the Court of Appeals went beyond the issues of the than on technicality as the latter approach may result in injustice.
The same leniency was applied by the Court in Cavile v. Heirs of
case and its findings are contrary to the admissions of both This is in accordance with Section 6, Rule 1 of the 1997 Rules of
Cavile, because the lone petitioner who executed the certification
appellant and appellees; (7) the findings of fact of the Court of Civil Procedure which encourages a reading of the procedural
of nonforum shopping was a relative and coowner of the other
Appeals are contrary to those of the trial court; (8) said findings of requirements in a manner that will help secure and not defeat
petitioners with whom he shares a common interest. x x x
fact are conclusions without citation of specific evidence on which justice.
they are based; (9) the facts set forth in the decision as well as in In the instant case, petitioners share a common interest and defense
the petitioner’s main and reply briefs are not disputed by the inasmuch as they collectively claim a right not to be dispossessed
We now come to the substantive issues.
respondents; (10) the finding of fact of the Court of Appeals is of the subject lot by virtue of their and their deceased parents’
premised on the supposed absence of evidence and is contradicted construction of a family home and occupation thereof for more
than 10 years. The commonality of their stance to defend their As correctly found by the appellate court, the following facts are
by evidence on record. (emphasis ours)
alleged right over the controverted lot thus gave petitioners xxx undisputed:30
47
1. Domingo Hernandez, Sr. was awarded a piece of real 2. To sign, execute and acknowledge all such contracts or standard signature of Sergia Hernandez, we affirm both lower
property in 1958 by the PHHC as part of the government’s other instruments which may deem necessary or be required courts' findings regarding the forgery.
housing program at the time. Title over the said property to sign, execute and acknowledge for the purpose of selling,
However, Sergia’s lack of consent to the sale did not render the
was issued in 1966 in the name of Hernandez, Sr., after full transferring, conveying, disposing of or alienating whatever
transfer of her share invalid.
payment for the property was received by the PHHC. rights I may have over that parcel of land mentioned above;
Petitioners contend that such lack of consent on the part of Sergia
2. Neither [petitioners] nor Hernandez, Sr., took possession x x x. Hernandez rendered the SPAs and the deed of sale fictitious, hence
of the said property. On the other hand, the [respondents] null and void in accordance with Article 140936 of the Civil Code.
took possession of the said property in 1966 and are in Petitioners likewise contend that an action for the declaration of
The Deed of Transfer of Rights,32 also executed by Hernandez, Sr.
actual and physical possession thereof up to the present, and the nonexistence of a contract under Article 1410 37 does not
in Camisura’s favor, expressly states that the former, in
have made considerable improvements thereon, including a prescribe.
consideration of the amount of ₱6,500.00, transfers his rights over
residential house where they presently reside. the subject property to the latter. Notably, such deed was We find, after meticulous review of the facts, that Articles 1409
simultaneously executed with the SPA on February 14, 1963. and 1410 are not applicable to the matter now before us.
3. The Owner’s Duplicate Copy of the title over the
It bears stressing that the subject matter herein involves conjugal
property given by the PHHC to Hernandez, Sr. was in the From the foregoing, the Court cannot but conclude that the SPA
property. Said property was awarded to Domingo Hernandez, Sr.
possession of Plaridel Mingoa, the latter being able to executed by Hernandez, Sr. in respondent Camisura's favor was, in
in 1958. The assailed SPAs were executed in 1963 and 1964. Title
facilitate the cancellation of the said title and [the issuance reality, an alienation involving the subject property. We
in the name of Domingo Hernandez, Sr. covering the subject
of] a new TCT xxx in the name of Melanie Mingoa. particularly note that Hernandez, Sr., aside from executing said
property was issued on May 23, 1966. The sale of the property to
SPA, likewise sold his rights and interests over the property
Melanie Mingoa and the issuance of a new title in her name
4. The realty taxes have been paid by [respondents], albeit awarded by the PHHC to Camisura. The CA committed no error
happened in 1978. Since all these events occurred before the
in the name of Hernandez, Sr., but all official receipts of tax when it ruled:33
Family Code took effect in 1988, the provisions of the New Civil
payments are kept by the [respondents].
x x x Appreciating the case in its entirety, the purported SPA Code govern these transactions. We quote the applicable
appear to be merely a grant of authority to Camisura (and then to provisions, to wit:
5. From 1966 (the time when the [respondents] were able to Plaridel Mingoa) to sell and dispose of the subject property as well
possess the property) to 1983 (the time when the Art. 165. The husband is the administrator of the conjugal
as a grant of right to purchase the said property; but in essence,
[petitioners] had knowledge that the TCT in the name of partnership.
such SPA are disguised deeds of sale of the property executed in
Hernandez, Sr. had already been cancelled by the Registry circumventing the retention period restriction over the said Art. 166. Unless the wife has been declared a non compos mentis
of Deeds of Quezon City) covers almost a span of 17 years; property. Verily, the parties knew that the land in question could or a spendthrift, or is under civil interdiction or is confined in a
and from 1983 to 1995 (the time when the Heirs filed the not be alienated in favor of any third person within one (1) year leprosarium, the husband cannot alienate or encumber any real
original action) is a period of another 12 years. without the approval of the PHHC. property of the conjugal partnership without the wife’s consent. If
she refuses unreasonably to give her consent, the court may
Having ruled that the SPA in favor of Camisura was a contract of
The SPA31 in favor of Dolores Camisura pertinently states that the compel her to grant the same. x x x.
sale, the next question is whether or not such sale was valid.
latter is the lawful attorneyinfact of Domingo B. Hernandez, Sr.,
Art. 173. The wife may, during the marriage, and within ten
married to Sergia Hernandez, to do and perform, among others, the To constitute a valid contract, the Civil Code requires the
years from the transaction questioned, ask the courts for the
following acts and deeds: concurrence of the following elements: (1) cause, (2) object, and
annulment of any contract of the husband entered into without her
(3) consent.
consent, when such consent is required, or any act or contract of
1. To sign, execute and acknowledge all such contracts,
The consent of Domingo Hernandez, Sr. to the contract is the husband which tends to defraud her or impair her interest in the
deeds or other instruments which may be required by the
undisputed, thus, the sale of his ½ share in the conjugal property conjugal partnership property. Should the wife fail to exercise this
People’s Homesite and Housing Corporation with respect to
was valid. With regard to the consent of his wife, Sergia right, she or her heirs, after the dissolution of the marriage, may
the purchase of that certain parcel of land known and
Hernandez, to the sale involving their conjugal property, the trial demand the value of property fraudulently alienated by the
designated as Lot No. 15 Block E89 of the Malaya Avenue
court found that it was lacking because said wife’s signature on the husband. (Emphasis ours.)
Subdivision, situated in Quezon City and containing an area
SPA was falsified. Notably, even the CA observed that the forgery
of 520 square meters, more or less, which I have acquired Notwithstanding the foregoing, petitioners argue that the
was so blatant as to be remarkably noticeable to the naked eye of
thru the CENTRAL BANK STAFF HOUSING disposition of conjugal property made by a husband without the
an ordinary person. Having compared the questioned signature on
CORPORATION; wife’s consent is null and void and the right to file an action
the SPA34 with those of the documents35 bearing the sample
48
thereon is imprescriptible, in accordance with Garcia v. CA 38 and x x x subsisting at the time she filed her complaint. Therefore, the civil
Bucoy v. Paulino.39 . case had already been barred by prescription. (Emphasis ours.)
In addition, the reasons of poverty and poor health submitted by
the plaintiffsappellees could not justify the 12 years of delay in
filing a complaint against the defendantsappellants. The records
are bereft of any evidence to support the idea that the plaintiffs
appellees diligently asserted their rights over the said property after
having knowledge of the cancellation of the TCT issued in
Hernandez name. Moreover the Court seriously doubts the
plausibility of this contention since what the plaintiffsappellees
are trying to impress on this Court's mind is that they did not know
50
Republic of the Philippines Declaration of Nullity and/or Alternatively Reconveyance and her and Simeon's civil status, being married to Felix and Virginia,
SUPREME COURT Damages with Preliminary Injunction against Corazon, docketed as respectively.
Manila Civil Case No. T1693.
Corazon alleged that she and Simeon thought of sharing a third of
THIRD DIVISION
Subject of this case are seven parcels of land located in Tabaco the subject properties with the heirs of their brother Augusto who
G.R. No. 190995 August 09, 2017 City, Albay, to wit: (1) Transfer Certificate of Title (TCT) No. T predeceased them, hence they executed a Deed of Cession on April
41187 with an area of 176,549 square meters, more or less; (2) 13, 1970 but later on decided to recall and not implement the same.
BENJAMIN A. KO, ALEXANDER A. KO, MA. CYNTHIA K. TCT No. T41183 with an area of 217,732 sq m, more or less; (3) In fine, thus, Corazon insisted that only she and Simeon share one
TCT No. T41184 with an area of 39,674 sq m, more or less; (4) half portion each of the subject properties.
AZADACHUA, GARY A. KO, ANTHONY A. KO, FELIX A.
TCT No. T28161 with an area of 86,585 sq m, more or less; (5)
KO, and DANTON C. KO, Petitioners,
TCT No. T41186 with an area of 4,325 sq m, more or less; (6) Corazon further alleged that on December 14, 1974, Simeon sold
vs.
TCT No. 49818 with an area of 27,281 sq m, more or less; and (7) and conveyed his entire onehalf share in the coowned properties
VIRGINIA DY ARAMBURO, VICKY ARAMBURO, JULY
TCT No. 49819 with an area of 35,760 sq m, more or less (subject in her favor. Hence, Corazon became the sole owner thereof and
ARAMBURO, JESUS ARAMBURO, JOSEPHINE properties), now all under the name of Corazon. consequently, was able to transfer the titles of the same to her
ARAMBURO, MARYJANE ARAMBURO, AUGUSTO
name. Corazon argued that the subject properties belong to
ARAMBURO, JR., JAIME ARAMBURO, JULIET
The complaint alleged that Virginia and her husband Simeon Simeon's exclusive property, hence, Virginia's conformity to such
ARAMBURO, JACKSON ARAMBURO, JOCELYN (Spouses Simeon and Virginia), together with Corazon and her sale was not necessary.
ARAMBURO, AILEEN ARAMBURO, JUVY husband Felix (Spouses Felix and Corazon), acquired the subject
ARAMBURO,CORAZON ROTAIRO ARAMBURO, AND properties from Spouses Eusebio and Epifania Casaul (Spouses Corazon also raised in her Answer to the complaint, that
NEIL VINCENT ARAMBURO, Respondents. Eusebio and Epifania) through a Deed of Cession dated April 10, respondents' action was barred by prescription.
1970.
D E C I S I O N
Ruling of the RTC
On April 13, 1970, Spouses Simeon and Virginia and Spouses
TIJAM, J.: Felix and Corazon executed a Deed of Cession in favor of
During trial, it was established that Simeon and Virginia's marriage
Augusto's heirs, subject of which is the onethird proindiviso
had been on bad terms. In fact, since February 4, 1973 Simeon and
portion of the subject properties.
This is a Petition for Review on Certiorari under Rule 45, assailing Virginia had lived separately. Simeon lived with his sister Corazon
the Decision dated September 22, 2009 of the Court of Appeals in Tabaco City, Albay, while Virginia and their children lived in
(CA) in CAG.R. CV No. 89611, affirming the Decision dated However, allegedly with the use of falsified documents, Corazon Paco, Manila. From these circumstances, the trial court deduced
February 16, 2006 of the Regional Trial Court (RTC) of Tabaco was able to have the entire subject properties transferred that it is highly suspicious that thereafter, Virginia would sign a
City, Branch 15, in Civil Case No. T1693. exclusively to her name, depriving her coowners Virginia and deed of sale, consenting to her husband's decision to sell their
Augusto's heirs of their proindiviso share, as well as in the conjugal assets to Corazon. Virginia vehemently disowned the
produce of the same. signature appearing in the December 14, 1974 Deed of Absolute
Factual and Procedural Antecedents
Sale. Verily, the National Bureau of Investigation (NBI)
For her part, Corazon admitted having acquired the subject examination report concluded that the questioned signature and the
Respondent Virginia Dy Aramburo (Virginia) is Corazon properties through cession from their uncle and auntie, Spouses specimen signatures of Virginia were not written by one and the
Aramburo Ko's (Corazon) sisterinlaw, the former being the wife Eusebio and Epifania. She, however, intimated that although the same person and thus, the former is a forgery.
of the latter's brother, Simeon Aramburo (Simeon). Corazon and said properties were previously registered under Spouses Eusebio
Simeon have another sibling, Augusto Aramburo (Augusto), who and Epifania's name, the same were, in truth, owned by their
predeceased them. Virginia's co respondents herein are the heirs of Without the conformity of Virginia, according to the trial court,
parents, Spouses Juan and Juliana Aramburo (Spouses Juan and Simeon cannot alienate or encumber any real property of the
Augusto, while the petitioners in the instant case are the heirs of Juliana). Hence, when her parents died, Spouses Eusebio and
Corazon who substituted the latter after she died while the case conjugal partnership.
Epifania allegedly merely returned the said properties to Spouses
was pending before the CA. Juan and Juliana by ceding the same to their children, Corazon and
The trial court concluded, thus, that the December 14, 1974 Deed
Simeon. She further averred that the said properties were ceded
On November 26, 1993, Virginia, together with her corespondents of Absolute Sale, being falsified, is not a valid instrument to
only to her and Simeon, in that, her husband Felix's name and
herein, filed a Complaint for Recovery of Ownership with transfer the one third share of the subject properties.
Virginia's name appearing in the Deed were merely descriptive of
51
The trial court also did not accept Corazon's allegation that the On appeal, Corazon maintained that the subject properties are not may the subject titles be nullified and transferred to the parties as
April 13, 1970 Deed of Cession in favor of Augusto's heirs as to part of Spouses Simeon and Virginia's conjugal properties. This, to their respective portions?
the other one third portion of the subject properties, was cancelled according to her, is bolstered by the fact that the subject properties
and not implemented. The trial court noted Corazon's testimony are not included in the case for dissolution of conjugal partnership This Court's Ruling
during trial that she was merely administering the said portion for docketed as Special Proceeding No. 67, and in the separation of
Augusto's heirs, her nephews and nieces, who were still minors at properties case docketed as Civil Case No. T1032 between
The petition is partly meritorious.
that time. Simeon and Virginia.
At the outset, let it be stated that the law which governs the instant
On February 16, 2006, the trial court rendered a Decision in favor Respondents argued otherwise. Particularly, Virginia insisted that
case is the Old Civil Code, not the Family Code, as the
of herein respondents, thus: only a third portion of the subject properties is owned by Simeon
circumstances of this case all occurred before the effectivity of the
and that the same is conjugallyowned by her and Simeon since it
Family Code on August 3, 1988.
WHEREFORE, foregoing premises considered, judgment is was acquired during their marriage. As such, the disposition by
hereby rendered in favor of the plaintiffs: Simeon of the onehalf portion of the subject properties in favor of
Corazon is not only void but also fictitious not only because
Simeon does not own the said onehalf portion, but also because
(1) Declaring the plaintiffs Virginia DyArambulo and
Virginia's purported signature in the December 14, 1974 Deed of Proceeding, thus, to the issue of ownership, We find no reason to
Vicky AramburoLee together with the interested
Absolute Sale as the vendor's wife was a forgery as found by the depart from the RTC's ruling as affirmed by the CA.
parties the owner of ONETHIRD (1/3) portion of the
NBI, which was upheld by the trial court.
property subject mater of this case;
Augusto's heirs own onethird proindiviso share in the subject
(2) Declaring the coplaintiffs (heirs of Augusto Aramburo) In its September 22, 2009 assailed Decision,[20] the CA affirmed properties
likewise the owners of Onethird (1/3) portion of the the trial court's findings and conclusion in its entirety, thus:
property subject matter of this case;
Respondents' (Augusto's heirs) claim concerning onethird of the
(3) Ordering the Cancellation of [TCT] Nos. T41187,T WHEREFORE, the present appeal is DISMISSED. subject properties, is anchored upon the April 13, 1970 Deed of
41183, T41184, T41185, T41186, T48918[4] [sic] Consequently, the Decision of the [RTC], Branch 15, Tabaco City, Cession executed by Spouses Felix and Corazon and Spouses
and T49819 and another ones issued upon proper steps in Civil Case No. T1693 is hereby AFFIRMED in toto. Simeon and Virginia in favor of Augusto's children. Petitioners,
taken in the names of the plaintiffs and interested however, maintain that the said deed was never given effect as it
parties; and the other plaintiffs, Heirs of Augusto was recalled by the said spouses.
SO ORDERED.
Aramburo, conferring ownership over TWOTHIRDS
(2/3) PORTION of the properties subject matter of this The courts a quo found that the said deed, ceding a third of the
case; Petitioners then, substituting deceased Corazon, filed a Motion for
subject properties to Augusto's heirs, was in fact implemented as
Reconsideration, which was likewise denied by the CA in its
(4) Ordering the defendant to reimburse the plaintiffs evidenced by Corazon's testimony that she was merely
Resolution dated January 13, 2010:
TWOTHIRDS (2/3) of the produce of the properties, administering the said properties for Augusto's heirs as her
subject matter of this case from the time she nephews and nieces were still minors at that time.
WHEREFORE, there being no cogent reason for US to depart
appropriated it to herself in 1974 until such time as the
from Our assailed Decision, WE hereby DENY the Motion for
2/3 share are duly delivered to them; and We find no cogent reason to depart from the the courts a quo's
Partial Reconsideration.
findings as to the existence and effectivity of the April 13, 1970
(5) Ordering the defendant to pay plaintiffs by way of
Deed of Cession giving rights to Augusto's children over the one
damages the amount of Fifty Thousand (P50,000.00) as
SO ORDERED. third portion of the subject property. For one, basic is the rule that
attorney's fees; and
factual findings of the trial court, especially if affirmed by the
(6) To pay the cost of suit. Hence, this petition. appellate court, are binding and conclusive upon this Court absent
any clear showing of abuse, arbitrariness, or capriciousness
SO ORDERED. committed by the trial court.[25] In addition, We are not convinced
Issue
of Corazon's bare assertion that the said document was cancelled
merely because she and her brother . Simeon decided not to
Ruling of the CA Did the CA correctly sustain the RTC decision, declaring the implement it anymore. Moreover, as can be gleaned from the
parties as coowners of the subject properties? In the affirmative, testimony of respondent July Aramburo, one of Augusto's heirs,
52
which was notably quoted by the petitioners in this petition, it is strict proof of exclusive ownership of one of the spouses, and the said spouses' conjugal properties and were not included in the said
clear that he, together with his coheirs, are coowners of the burden of proof rests upon the party asserting it. case. Notably, such allegation was not denied by the petitioners.
subject properties along with Spouses Simeon and Virginia and
Spouses Felix and Corazon, by virtue of the Deed of Cession Thus, in this case, the subject properties, having been acquired At any rate, the question of whether petitioners were able to
executed in their favor. The said testimony clearly stated that during the marriage, are still presumed to belong to Simeon and adduce proof to overthrow the presumption of conjugality is a
Simeon was also merely administering the subject properties. Virginia's conjugal properties. factual issue best addressed by the trial court. It cannot be over
emphasized that factual determinations of the trial courts,
Simeon's heirs, which include Virginia, also own onethird pro Unfortunately, Corazon, or the petitioners for that matter, failed to especially when confirmed by the appellate court, are accorded
indiviso share in the subject properties adduce ample evidence that would convince this Court of the great weight by the Court and, as a rule, will not be disturbed on
exclusive character of the properties. appeal, except for the most compelling reasons, which We do not
find in the case at bar.
Respondent Virginia's claim as to the other onethird portion of the
subject properties is ultimately anchored upon the April 10, 1970 Petitioners' argument that Virginia's name was merely descriptive
Deed of Cession. Corazon, however, countered that inasmuch as of Simeon's civil status is untenable. It bears stressing that if proof Simeon could not have validly sold the onethird share of
her husband Felix's name in the said Deed of Cession was merely obtains on the acquisition of the property during the existence of Augusto's heirs, as well as the onethird portion of his and
descriptive of her status as being married to the latter, Virginia's the marriage, as in this case, then the presumption of conjugal Virginia's conjugal share without the latter's consent, to
name likewise appeared in the said Deed of Cession merely to ownership remains unless a strong, clear and convincing proof was Corazon
describe Simeon's status as being married to Virginia. In fine, presented to prove otherwise. In fact, even the registration of a
Corazon argued that the properties subject of the said Deed were property in the name of one spouse does not destroy its conjugal We now proceed to determine the validity of the December 14,
given exclusively to her and Simeon. Consequently, the onehalf nature. What is material is the time when the property was 1974 Deed of Absolute Sale executed by Simeon in favor of
portion thereof pertains to Simeon's exclusive property and does acquired. Corazon, covering onehalf of the subject properties which was his
not belong to Simeon and Virginia's conjugal property. This,
purported share.
according to Corazon, was bolstered by the fact that Simeon's We also give scant consideration on petitioners' bare allegation that
share in the subject properties was not included in the petition for the subject properties were actually from the estate of Simeon and As for the onethird portion of the subject properties pertaining to
separation of properties between Virginia and Simeon. Petitioners Corazon's parents, intimating that the same were inherited by Augusto's heirs, we are one with the CA in ruling that the Deed of
maintain this argument. Simeon and Corazon, hence, considered their exclusive properties. Absolute Sale is void as the said portion is owned by Augusto's
The records are bereft of any proof that will show that the subject heirs as abovediscussed and thus, Simeon had no right to sell the
We uphold the courts a quo's conclusion that onethird portion of properties indeed belonged to Simeon and Corazon's parents. same. It is basic that the object of a valid sales contract must be
the subject properties is indeed part of Simeon and Virginia's Again, what is established is that the subject properties were owned by the seller.[32] Nemo dat quod non habet, as an ancient
conjugal properties. originally registered under Spouses Eusebio and Epifania's name Latin maxim says. One cannot give what one does not have.
and thus, ceded by the latter. Petitioners' bare allegation on the
It is undisputed that the subject properties were originally matter is so inadequate for the Court to reach a conclusion that the
However, as to the onethird portion commonlyowned by Spouses
registered in the name of Spouses Eusebio and Epifania. It is also acquisition of the subject properties was in a nature of inheritance
Simeon and Virginia, Simeon's alienation of the same through sale
undisputed that in a Deed of Cession dated April 10, 1970, these than a cession.
without Virginia's conformity is merely voidable.
parcels of land were ceded to Spouses Felix and Corazon, and
Spouses Simeon and Virginia. There is likewise no question that Likewise, the fact that the subject properties were not included in
the subject properties were ceded to the said spouses during Article 166 of the Old Civil Code explicitly requires the consent of
the cases for separation of properties between Simeon and Virginia
Spouses Simeon and Virginia's marriage. the wife before the husband may alienate or encumber any real
does not, in any way, prove that the same are not part of Simeon
property of the conjugal partnership except when there is a
and Virginia's conjugal properties. Such fact cannot be considered
showing that the wife is incapacitated, under civil interdiction, or
Article 160 of the Old Civil Code, which is the applicable as a strong, clear and convincing proof that the said properties
in like situations.
provision since the property was acquired prior to the enactment of exclusively belong to Simeon. Besides, We note respondents'
the Family Code as stated above, provides that "all property of the allegation in their Comment to this petition that the case for
marriage is presumed to belong to the conjugal partnership, unless separation of properties between Simeon and Virginia was not In this case, Virginia vehemently denies having conformed to the
it be proved that it pertains exclusively to the husband or to the resolved by the trial court on the merits as Simeon died during the December 14, 1974 sale in favor of Corazon. In fact, during trial, it
wife." This presumption in favor of conjugality is rebuttable, but pendency thereof, and also because there was actually a has already been satisfactorily proven, through the NBI's findings
only with a strong, clear and convincing evidence; there must be a disagreement as to the inventory the properties included therein. as upheld by the trial court, that Virginia's signature appearing on
This could mean that precisely, other properties may be part of the the said Deed of Absolute Sale is a forgery. Concedingly, a finding
53
of forgery does not depend entirely on the testimonies of to nullify the sale of her share, being merely voidable, is beginning, and this rule applies to contracts that are declared void
handwriting experts as even this Court may conduct an susceptible to prescription by positive provision of law as in the case of a sale of conjugal
independent examination of the questioned signature in order to property without the other spouse's written consent.[42] Under
arrive at a reasonable conclusion as to its authenticity. We, Article 1410 of the NCC, the action or defense for the declaration
At this juncture, We differ from the CA's pronouncement that since
however, do not have any means to evaluate the questioned of the inexistence of a contract does not prescribe.
the deed of sale involved is a void contract, the action to nullify the
signature in this case as even the questioned Deed of Absolute Sale
same is imprescriptible.
is not available in the records before Us. Hence, We are As this case, as far as Virginia is concerned, falls under the
constrained to the general rule that the factual findings of the RTC provisions of the Old Civil Code, the CA erred in ruling that the
as affirmed by the CA should not be disturbed by this Court unless We qualify.
subject Deed of Absolute Sale is void for the lack of the wife's
there is a compelling reason to deviate therefrom. conformity thereto and thus, applying Article 1410 of the NCC
For the share of Augusto's heirs sold by Simeon in the December stating that the action to question a void contract is imprescriptible.
In addition, as correctly observed by the courts a quo, We cannot 14, 1974 Deed of Absolute Sale, the sale of the same is void as the Again, Simeon's sale of their conjugal property without his wife's
turn a blind eye on the circumstances surrounding the execution of object of such sale, not being owned by the seller, did not exist at conformity under the Old Civil Code is merely voidable not void.
the said Deed of Absolute Sale. The CA, quoting the RTC, held the time of the transaction.[37] Being a void contract, thus, the CA The imprescriptibility of an action assailing a void contract under
thus: correctly ruled that the action to impugn the sale of the same is Article 1410 of the NCC, thus, does not apply in such case. The
imprescriptible pursuant to Article 1410[38] of the New Civil 10year prescriptive period under Article 173 of the Old Civil
Code (NCC). Code, therefore, should be applied in this case.
The dubiety of its execution at a time that [Virginia] and her
husband's marital relationship was already stale is not to be taken
for granted. It is a fact that [Virginia] had lived separately from As for the share pertaining to Simeon and Virginia, We must Here, the invalid sale was executed on December 14, 1974 while
bed and board with her husband [Simeon] as of February 4, 1973. emphasize that the governing law in this case is the Old Civil the action questioning the same was filed in 1993, which is clearly
It is, therefore, highly suspicious that [later on], x x x she would Code. Under the said law, while the husband is prohibited from way beyond the 10year period prescribed under Article 173 of the
consent to her husband's decision selling their conjugal assets to selling the commonlyowned real property without his wife's Old Civil Code. Virginia's recourse is, therefore, to demand only
[Corazon]. Precisely, her signature appearing in said Deed of consent, still, such sale is not void but merely voidable.[39] Article the value of the property, i.e., the onethird portion of the subject
Absolute Sale dated December 14, 1974 x x x is being disowned 173 thereof gave Virginia the right to have the sale annulled during properties invalidly sold by Simeon without Virginia's conformity
by her as being a forgery. Undoubtedly, the NBI Examination the marriage within ten years from the date of the sale. Failing in pursuant to the same provision.
report anent this x x x conducted by Sr. Document Examiner that, she or her heirs may demand, after dissolution of the
Rhoda B. Flores gave the conclusion that the questioned and the marriage, only the value of the property that Simeon erroneously
In fine, while We uphold the courts a quo's findings that the parties
standard/sample signatures of "[Virginia]" was not written by one sold.[40] Thus:
herein are coowners of the subject properties, We reverse and set
and the same person. x x x. aside the said courts' ruling, ordering the cancellation of titles of
Art. 173. The wife may, during the marriage, and within ten years the entire subject properties and the transfer of the twothirds
The CA also correctly observed that the forgery, as found by the from the transaction questioned, ask the courts for the annulment portion of the same to the respondents. While Augusto's heirs are
RTC, is evident from the admitted fact of strained marital of any contract of the husband entered into without her consent, entitled to the recovery of their share in the subject properties,
relationship between Simeon and Virginia and the fact that at the when such consent is required, or any act or contract of the Virginia is only entitled to demand the value of her share
time the question Deed of Absolute Sale was executed, Simeon husband which tends to defraud her or impair her interest in the therefrom pursuant to Article 173 of the Old Civil Code above
had been living with Corazon in Tabaco City, Albay, while conjugal partnership property. Should the wife fail to exercise this cited.
Virginia and her children were living in Paco, Manila. right, she or her heirs, after the dissolution of the marriage, may
demand the value of property fraudulently alienated by the
WHEREFORE, premises considered, the petition is PARTLY
husband.
Accordingly, without Virginia's conformity, the Deed of Absolute GRANTED. The Decision dated September 22, 2009 of the Court
Sale executed on December 14, 1974 between Simeon and of Appeals in CAG.R. CV No. 89611, affirming the Decision
Corazon purportedly covering onehalf of the subject properties is In contrast, the Family Code does not provide a period within
dated February 16, 2006 of the Regional Trial Court of Tabaco
voidable. which the wife who gave no consent may assail her husband's sale
City, Branch 15, in Civil Case No. T1693 is hereby AFFIRMED
of real property. It simply provides that without the other spouse's
in all aspects EXCEPT insofar as it ordered the cancellation of the
written consent or a court order allowing the sale, the same would
As for Augusto's heirs, the action to nullify the sale of their titles of the entire subject properties.
be void.[41] Thus, the provisions of the NCC governing contracts
share, being void is imprescriptible; as for Virginia, the action is applied as regards the issue on prescription. Under the NCC, a
void or inexistent contract has no force and effect from the very
54
Accordingly, petitioners Heirs of Corazon Aramburo Ko,
respondents Virginia Dy Aramburo and all persons claiming under
her, as Heirs of Simeon Aramburo, and respondents Heirs of
Augusto Aramburo are deemed coowners proindiviso of the
subject properties in equal onethird (1/3) share. As such, the titles
over the subject properties are ORDERED cancelled insofar as the
heirs of Augusto Aramburo's share is concerned. Virginia Dy
Aramburo and all persons claiming under her have the right to
demand for the value of their onethird (1/3) share in a proper case.
SO ORDERED.
Velasco, Jr., (Chairperson), Peralta,[*] Bersamin, and Jardeleza,
JJ., concur.
55
Republic of the Philippines dated March 16, 1990 (Exh. "B") as null void and of no The facts of this case are simple. Over the objection of private
SUPREME COURT effect; respondent and while she was in Manila seeking employment, her
Manila husband sold to the petitionersspouses one half of their conjugal
2. Recognizing as lawful and valid the ownership and peoperty, consisting of their residence and the lot on which it
FIRST DIVISION possession of plaintiff Gilda Corpuz over the remaining stood. The circumstances of this sale are set forth in the Decision
onehalf portion of Lot 9, Block 8, (LRC) Psd165409 of Respondent Court, which quoted from the Decision of the trial
which has been the subject of the Deed of Transfer of Rights court as follows: 8
G.R. No. 125172 June 26, 1998
(Exh. "A");
1. Plaintiff Gilda Corpuz and defendant Judie Corpuz are
Spouses ANTONIO and LUZVIMINDA GUIANG, petitioners, legally married spouses. They were married on December
3. Ordering plaintiff Gilda Corpuz to reimburse defendants
vs. 24, 1968 in Bacolod City, before a judge. This is admitted
Luzviminda Guiang the amount of NINE THOUSAND
COURT OF APPEALS and GILDA COPUZ, respondents. by defendantsspouses Antonio and Luzviminda Guiang in
(P9,000.00) PESOS corresponding to the payment made by
defendants Guiangs to Manuel Callejo for the unpaid their answer, and also admitted by defendant Judie Corpuz
PANGANIBAN, J.: balance of the account of plaintiff in favor of Manuel when he testified in court (tsn. p. 3, June 9, 1992), although
Callejo, and another sum of P379.62 representing onehalf the latter says that they were married in 1967. The couple
of the amount of realty taxes paid by defendants Guiangs on have three children, namely: Junie — 18 years old, Harriet
The sale of a conjugal property requires the consent of both the
Lot 9, Block 8, (LRC) Psd165409, both with legal interests — 17 years of age, and Jodie or Joji, the youngest, who was
husband and the wife. The absence of the consent of one renders
thereon computed from the finality of the decision. 15 years of age in August, 1990 when her mother testified in
the sale null and void, while the vitiation thereof makes it merely
court.
voidable. Only in the latter case can ratification cure the defect.
No pronouncement as to costs in view of the factual
circumstances of the case. Sometime on February 14, 1983, the couple Gilda and Judie
The Case
Corpuz, with plaintiffwife Gilda Corpuz as vendee, bought
a 421 sq. meter lot located in Barangay Gen. Paulino Santos
These were the principles that guided the Court in deciding this Dissatisfied, petitionersspouses filed an appeal with the Court of
(Bo. 1), Koronadal, South Cotabato, and particularly known
petition for review of the Decision 1 dated January 30, 1996 and Appeals. Respondent Court, in its challenged Decision, ruled as
as Lot 9, Block 8, (LRC) Psd165409 from Manuel Callejo
the Resolution 2 dated May 28, 1996, promulgated by the Court of follow: 6
who signed as vendor through a conditional deed of sale for
Appeals in CAGR CV No. 41758, affirming the Decision of the a total consideration of P14,735.00. The consideration was
lower court and denying reconsideration, respectively. WHEREFORE, the appealed of the lower court in Civil payable in installment, with right of cancellation in favor of
Case No. 204 is hereby AFFIRMED by this Court. No costs vendor should vendee fail to pay three successive
On May 28, 1990, Private Respondent Gilda Corpuz filed an considering plaintiffappellee's failure to file her brief installments (Exh. "2", tsn p. 6, February 14, 1990).
Amended Complainant 3 against her husband Judie Corpuz and despite notice.
PetitionerSpouses Antonio and Luzviminda Guiang. The said 2. Sometime on April 22, 1988, the couple Gilda and Judie
Complaint sought the declaration of a certain deed of sale, which Reconsideration was similarly denied by the same court in its Corpuz sold onehalf portion of their Lot No. 9, Block 8,
involved the conjugal property of private respondent and her assailed Resolution: 7 (LRC) Psd165409 to the defendantsspouses Antonio and
husband, null and void. The case was raffled to the Regional Trial Luzviminda Guiang. The latter have since then occupied the
Court of Koronadal, South Cotabato, Branch 25. In due course, the Finding that the issues raised in defendantsappellants onehalf portion [and] built their house thereon (tsn. p. 4,
trial court rendered a Decision 4 dated September 9, 1992, motion for reconsideration of Our decision in this case of May 22, 1992). They are thus adjoining neighbors of the
disposing as follow: 5 January 30, 1996, to be a mere rehash of the same issues Corpuzes.
which we have already passed upon in the said decision, and
ACCORDINGLY, judgment is rendered for the plaintiff and there [being] no cogent reason to disturb the same, this 3. Plaintiff Gilda Corpuz left for Manila sometime in June
against the defendants, Court RESOLVED to DENY the instant motion for 1989. She was trying to look for work abroad, in [the]
reconsideration for lack of merit. Middle East. Unfortunately, she became a victim of an
1. Declaring both the Deed of Transfer of Rights dated unscrupulous illegal recruiter. She was not able to go
March 1, 1990 (Exh. "A") and the "amicable settlement" The Facts abroad. She stayed for sometime in Manila however,
coming back to Koronadal, South Cotabato, . . . on March
56
11, 1990. Plaintiff's departure for Manila to look for work in (Exh. "3") describes the lot sold as Lot 8, Block 9, (LRC) him (tsn. p. 13, Sept. 26, 1990). We thus conclude that Mrs.
the Middle East was with the consent of her husband Judie Psd165408 but it is obvious from the mass of evidence that Corpuz really approached the Barangay Captain for the
Corpuz (tsn. p. 16, Aug. 12, 1990; p. 10 Sept. 6, 1991). the correct lot is Lot 8, Block 9, (LRC) Psd165409, the annulment of the settlement. Annulment not having been
very lot earlier sold to the couple Gilda and Judie Corpuz. made, plaintiff stayed put in her house and lot.
After his wife's departure for Manila, defendant Judie
Corpuz seldom went home to the conjugal dwelling. He 5. Sometimes on March 11, 1990, plaintiff returned home. 7. Defendantspouses Guiang followed thru the amicable
stayed most of the time at his place of work at Samahang She found her children staying with other households. Only settlement with a motion for the execution of the amicable
Nayon Building, a hotel, restaurant, and a cooperative. Junie was staying in their house. Harriet and Joji were with settlement, filing the same with the Municipal Trial Court of
Daughter Herriet Corpuz went to school at King's College, Mr. Panes. Gilda gathered her children together and stayed Koronadal, South Cotabato. The proceedings [are] still
Bo. 1, Koronadal, South Cotabato, but she was at the same at their house. Her husband was nowhere to be found. She pending before the said court, with the filing of the instant
time working as household help of, and staying at, the house was informed by her children that their father had a wife suit.
of Mr. Panes. Her brother Junie was not working. Her already.
younger sister Jodie (Jojie) was going to school. Her mother 8. As a consequence of the sale, the spouses Guiang spent
sometimes sent them money (tsn. p. 14, Sept. 6, 1991.) 6. For staying in their house sold by her husband, plaintiff P600.00 for the preparation of the Deed of Transfer of
was complained against by defendant Luzviminda Guiang Rights, Exh. "A", P9,000.00 as the amount they paid to Mrs.
Sometime in January 1990, Harriet Corpuz learned that her and her husband Antonio Guiang before the Barangay Manuela Callejo, having assumed the remaining obligation
father intended to sell the remaining onehalf portion authorities of Barangay General Paulino Santos (Bo. 1), of the Corpuzes to Mrs. Callejo (Exh. "3"); P100.00 for the
including their house, of their homelot to defendants Koronadal, South Cotabato, for trespassing (tsn. p. 34, Aug. preparation of Exhibit "3"; a total of P759.62 basic tax and
Guiangs. She wrote a letter to her mother informing her. She 17, 1990). The case was docketed by the barangay special education fund on the lot; P127.50 as the total
[Gilda Corpuz] replied that she was objecting to the sale. authorities as Barangay Case No. 38 for "trespassing". On documentary stamp tax on the various documents; P535.72
Harriet, however, did not inform her father about this; but March 16, 1990, the parties thereat signed a document for the capital gains tax; P22.50 as transfer tax; a standard
instead gave the letter to Mrs. Luzviminda Guiang so that known as "amicable settlement". In full, the settlement fee of P17.00; certification fee of P5.00. These expenses
she [Guiang] would advise her father (tsn. pp. 1617, Sept. provides for, to wit: particularly the taxes and other expenses towards the
6, 1991). transfer of the title to the spouses Guiangs were incurred for
That respondent, Mrs. Gilda Corpuz and her three the whole Lot 9, Block 8, (LRC) Psd165409.
4. However, in the absence of his wife Gilda Corpuz, children, namely: Junie, Hariet and Judie to leave
defendant Judie Corpuz pushed through the sale of the voluntarily the house of Mr. and Mrs. Antonio Ruling of Respondent Court
remaining onehalf portion of Lot 9, Block 8, (LRC) Psd Guiang, where they are presently boarding without
165409. On March 1, 1990, he sold to defendant any charge, on or before April 7, 1990. Respondent Court found no reversible error in the trial court's
Luzviminda Guiang thru a document known as "Deed of ruling that any alienation or encumbrance by the husband of the
Transfer of Rights" (Exh. "A") the remaining onehalf FAIL NOT UNDER THE PENALTY OF THE conjugal propety without the consent of his wife is null and void as
portion of their lot and the house standing thereon for a total LAW. provided under Article 124 of the Family Code. It also rejected
consideration of P30,000.00 of which P5,000.00 was to be petitioners' contention that the "amicable sttlement" ratified said
paid in June, 1990. Transferor Judie Corpuz's children Junie sale, citing Article 1409 of the Code which expressly bars
Believing that she had received the shorter end of the
and Harriet signed the document as witness. ratification of the contracts specified therein, particularly those
bargain, plaintiff to the Barangay Captain of Barangay
Paulino Santos to question her signature on the amicable "prohibited or declared void by law."
Four (4) days after March 1, 1990 or on March 5, 1990, settlement. She was referred however to the OfficeIn
obviously to cure whatever defect in defendant Judie Charge at the time, a certain Mr. de la Cruz. The latter in Hence, this petition. 9
Corpuz's title over the lot transferred, defendant Luzviminda turn told her that he could not do anything on the matter
Guiang as vendee executed another agreement over Lot 9, (tsn. p. 31, Aug. 17, 1990). The Issues
Block 8, (LRC) Psd165408 (Exh. "3"), this time with
Manuela Jimenez Callejo, a widow of the original registered
This particular point not rebutted. The Barangay Captain In their Memorandum, petitioners assign to public respondent the
owner from whom the couple Judie and Gilda Corpuz
who testified did not deny that Mrs. Gilda Corpuz following errors: 10
originally bought the lot (Exh. "2"), who signed as vendor
approached him for the annulment of the settlement. He
for a consideration of P9,000.00. Defendant Judie Corpuz
merely said he forgot whether Mrs. Corpuz had approached
signed as a witness to the sale (Exh. "3A"). The new sale I
57
Whether or not the assailed Deed of Transfer of Rights was These contracts are binding, unless they are annulled by a which must be availed of within five years from the date of
validly executed. proper action in court. They are susceptible of ratification. the contract implementing such decision.
(n)
II In the event that one spouse is incapacitated or otherwise
The error in petitioners' contention is evident. Article 1390, par. 2, unable to participate in the administration of the conjugal
Whether or not the Cour of Appeals erred in not declairing refers to contracts visited by vices of consent, i.e., contracts which properties, the other spouse may assume sole powers of
as voidable contract under Art. 1390 of the Civil Code the were entered into by a person whose consent was obtained and administration. These powers do not include the powers of
impugned Deed of Transfer of Rights which was validly vitiated through mistake, violence, intimidation, undue influence or disposition or encumbrance which must have the authority
ratified thru the execution of the "amicable settlement" by fraud. In this instance, private respondent's consent to the contract of the court or the written consent of the other spouse. In
the contending parties. of sale of their conjugal property was totally inexistent or absent. the absence of such authority or consent, the disposition or
Gilda Corpuz, on direct examination, testified thus: 11 encumbrance shall be void. However, the transaction shall
be construed as a continuing offer on the part of the
III
Q Now, on March 1, 1990, could you still recall where consenting spouse and the third person, and may be
you were? perfected as a binding contract upon the acceptance by the
Whether or not the Court of Appeals erred in not setting other spouse or authorization by the court before the offer is
aside the findings of the Court a quo which recognized as withdrawn by either or both offerors. (165a) (Emphasis
lawful and valid the ownership and possession of private A I was still in Manila during that time.
supplied)
respondent over the remaining one half (1/2) portion of the
properly. x x x x x x x x x
Comparing said law with its equivalent provision in the Civil
Code, the trial court adroitly explained the amendatory effect of
In a nutshell, petitionersspouses contend that (1) the contract of ATTY. FUENTES: the above provision in this wise: 12
sale (Deed of Transfer of Rights) was merely voidable, and (2)
such contract was ratified by private respondent when she entered Q When did you come back to Koronadal, South The legal provision is clear. The disposition or encumbrance
into an amicable sttlement with them. Cotabato? is void. It becomes still clearer if we compare the same with
the equivalent provision of the Civil Code of the
This Court's Ruling Philippines. Under Article 166 of the Civil Code, the
A That was on March 11, 1990, Ma'am.
husband cannot generally alienate or encumber any real
The petition is bereft of merit. Q Now, when you arrived at Koronadal, was there any property of the conjugal partnershit without the wife's
problem which arose concerning the ownership of your consent. The alienation or encumbrance if so made however
First Issue: Void or Voidable Contract? residential house at Callejo Subdivision? is not null and void. It is merely voidable. The offended
wife may bring an action to annul the said alienation or
encumbrance. Thus the provision of Article 173 of the Civil
Petitioners insist that the questioned Deed of Transfer of Rights A When I arrived here in Koronadal, there was a
Code of the Philippines, to wit:
was validly executed by the partieslitigants in good faith and for problem which arose regarding my residential house
valuable consideration. The absence of private respondent's and lot because it was sold by my husband without my
consent merely rendered the Deed voidable under Article 1390 of knowledge. Art. 173. The wife may, during the marriage and within
the Civil Code, which provides: ten years from the transaction questioned, ask the courts
for the annulment of any contract of the husband
This being the case, said contract properly falls within the ambit of
entered into without her consent, when such consent is
Art. 1390. The following contracts are voidable or Article 124 of the Family Code, which was correctly applied by the
required, or any act or contract of the husband which
annullable, even though there may have been no damage to teo lower court:
tends to defraud her or impair her interest in the
the contracting parties:
conjugal partnership property. Should the wife fail to
Art. 124. The administration and enjoyment of the conjugal exercise this right, she or her heirs after the dissolution
x x x x x x x x x partnerhip properly shall belong to both spouses jointly. In of the marriage, may demand the value of property
case of disgreement, the husband's decision shall prevail, fraudulently alienated by the husband.(n)
(2) Those where the consent is vitiated by mistake, violence, subject recourse to the court by the wife for proper remedy,
intimidation, undue influence or fraud.
58
This particular provision giving the wife ten (10) years . . . express provision of law, such a contract is also void. Thus, THELMA A. JADERMANALO, petitioner,
during [the] marriage to annul the alienation or the legal provision, to wit: vs.
encumbrance was not carried over to the Family Code. It is NORMA FERNANDEZ C. CAMAISA and EDILBERTO
thus clear that any alienation or encumbrance made after Art. 1422. Acontract which is the direct result of a CAMAISA, respondents.
August 3, 1988 when the Family Code took effect by the previous illegal contract, is also void and inexistent.
husband of the conjugal partnership property without the KAPUNAN, J.:
(Civil Code of the Philippines).
consent of the wife is null and void.
The issue raised in this case is whether or not the husband may
In summation therefore, both the Deed of transfer of Rights validly dispose of a conjugal property without the wife's written
Furthermore, it must be noted that the fraud and the intimidation (Exh. "A") and the "amicable settlement" (Exh. "3") are null consent.
referred to by petitioners were perpetrated in the execution of the and void.
document embodying the amicable settlement. Gilda Corpuz The present controversy had its beginning when petitioner Thelma
alleged during trial that barangay authorities made her sign said A. JaderManalo allegedly came across an advertisement placed by
Doctrinally and clearly, a void contract cannot be ratified. 16 respondents, the Spouses Norma Fernandez C. Camaisa and
document through misrepresentation and
coercion. 13 In any event, its execution does not alter the void Edilberto Camaisa, in the Classified Ads Section of the newspaper
character of the deed of sale between the husband and the Neither can the "amicable settlement" be considered a continuing BULLETIN TODAY in its April, 1992 issue, for the sale of their
petitionersspouses, as will be discussed later. The fact remains offer that was accepted and perfected by the parties, following the tendoor apartment in Makati, as well as that in Taytay, Rizal.
that such contract was entered into without the wife's consent. last sentence of Article 124. The order of the pertinent events is
As narrated by petitioner in her complaint filed with the Regional
clear: after the sale, petitioners filed a complaint for trespassing
Trial Court of Makati, Metro Manila, she was interested in buying
against private respondent, after which the barangay authorities
In sum, the nullity of the contract of sale is premised on the the two properties so she negotiated for the purchase through a real
secured an "amicable settlement" and petitioners filed before the
absence of private respondent's consent. To constitute a valid estate broker, Mr. Proceso Ereno, authorized by respondent
MTC a motion for its execution. The settlement, however, does not
contract, the Civil Code requires the concurrence of the following spouses.1 Petitioner made a visual inspection of the said lots with
mention a continuing offer to sell the property or an acceptance of
elements: (1) cause, (2) object, and (3) consent, 14 the last element the real estate broker and was shown the tax declarations, real
such a continuing offer. Its tenor was to the effect that private
being indubitably absent in the case at bar. property tax payment receipts, location plans, and vicinity maps
respondent would vacate the property. By no stretch of the
relating to the properties.2 Thereafter, petitioner met with the
imagination, can the Court interpret this document as the
Second Issue: Amicable Settlement vendors who turned out to be respondent spouses. She made a
acceptance mentioned in Article 124.
definite offer to buy the properties to respondent Edilberto
Camaisa with the knowledge and conformity of his wife,
Insisting that the contract of sale was merely voidable, petitioners WHEREFORE, the Court hereby DENIES the petition and respondent Norma Camaisa in the presence of the real estate
aver that it was duly ratified by the contending parties through the AFFIRMS the challenged Decision and Resolution. Costs against broker.3 After some bargaining, petitioner and Edilberto agreed
"amicable settlement" they executed on March 16, 1990 in petitioners. upon the purchase price of ₱1,500,000.00 for the Taytay property
Barangay Case No. 38. and ₱2,100,000.00 for the Makati property4 to be paid on
SO ORDERED. installment basis with downpayments of ₱100,000.00 and
The position is not well taken. The trial and the appellate courts ₱200,000.00, respectively, on April 15, 1992. The balance thereof
have resolved this issue in favor of the private respondent. The trial was to be paid as follows5 :
Davide, Jr., Bellosillo, Vitug and Quisumbing, JJ., concur.
court correctly held: 15
Taytay Property Makati Property
By the specific provision of the law [Art. 1390, Civil Code]
therefore, the Deed to Transfer of Rights (Exh. "A") cannot
6th month P200,000.00 P300,000.00
be ratified, even by an "amicable settlement". The
participation by some barangay authorities in the "amicable Republic of the Philippines
settlement" cannot otherwise validate an invalid act. SUPREME COURT 12th month 700,000.00 1,600,000.00
Moreover, it cannot be denied that the "amicable settlement Manila
(Exh. "B") entered into by plaintiff Gilda Corpuz and
FIRST DIVISION 18th month 500,000.00
defendent spouses Guiang is a contract. It is a direct
offshoot of the Deed of Transfer of Rights (Exh. "A"). By
G.R. No. 147978 January 23, 2002
This agreement was handwritten by petitioner and signed by
Edilberto.6 When petitioner pointed out the conjugal nature of the
59
properties, Edilberto assured her of his wife's conformity and that she ever participated in the negotiations for the sale of the incapacitated or otherwise unable to participate in the
consent to the sale.7 The formal typewritten Contracts to Sell were subject properties and that she gave her consent and conformity to administration of the conjugal property.
thereafter prepared by petitioner. The following day, petitioner, the the same.20
Hence, the present recourse assigning the following errors:
real estate broker and Edilberto met in the latter's office for the
On October 20, 1992, respondent Norma F. Camaisa filed a
formal signing of the typewritten Contracts to Sell.8 After Edilberto THE HONORABLE COURT OF APPEALS
Motion for Summary Judgment21 asserting that there is no genuine
signed the contracts, petitioner delivered to him two checks, GRIEVIOUSLY ERRED IN RENDERING
issue as to any material fact on the basis of the pleadings and
namely, UCPB Check No. 62807 dated April 15, 1992 for SUMMARY JUDGMENT IN DISMISSING THE
admission of the parties considering that the wife's written consent
₱200,000.00 and UCPB Check No. 62808 also dated April 15, COMPLAINT ENTIRELY AND ORDERING THE
was not obtained in the contract to sell, the subject conjugal
1992 for ₱100,000.00 in the presence of the real estate broker and CANCELLATION OF NOTICE OF LIS PENDENS
properties belonging to respondents; hence, the contract was null
an employee in Edilberto's office.9 The contracts were given to ON THE TITLES OF THE SUBJECT REAL
and void.
Edilberto for the formal affixing of his wife's signature. PROPERTIES;
On April 14, 1993, the trial court rendered a summary judgment
The following day, petitioner received a call from respondent THE HONORABLE COURT OF APPEALS
dismissing the complaint on the ground that under Art. 124 of the
Norma, requesting a meeting to clarify some provisions of the GRIEVIOUSLY ERRED IN FAILING TO
Family Code, the court cannot intervene to authorize the
contracts.10 To accommodate her queries, petitioner, accompanied CONSIDER THAT THE SALE OF REAL
transaction in the absence of the consent of the wife since said wife
by her lawyer, met with Edilberto and Norma and the real estate PROPERTIES BY RESPONDENTS TO PETITIONER
who refused to give consent had not been shown to be
broker at Cafe Rizal in Makati. 11 During the meeting, handwritten HAVE ALREADY BEEN PERFECTED, FOR AFTER
incapacitated. The dispositive portion of the trial court's decision
notations were made on the contracts to sell, so they arranged to THE LATTER PAID P300,000.00 DOWNPAYMENT,
reads:
incorporate the notations and to meet again for the formal signing RESPONDENT MRS. CAMAISA NEVER
of the contracts.12 WHEREFORE, considering these premises, judgment OBJECTED TO STIPULATIONS WITH RESPECT
is hereby rendered: TO PRICE, OBJECT AND TERMS OF PAYMENT
When petitioner met again with respondent spouses and the real
IN THE CONTRACT TO SELL ALREADY SIGNED
estate broker at Edilberto's office for the formal affixing of 1. Dismissing the complaint and ordering the
BY THE PETITIONER, RESPONDENT MR.
Norma's signature, she was surprised when respondent spouses cancellation of the Notice of Lis Pendens by reason of
CAMAISA AND WITNESSES MARKED AS
informed her that they were backing out of the agreement because its filing on TCT Nos. (464860) S8724 and (464861)
ANNEX "G" IN THE COMPLAINT EXCEPT, FOR
they needed "spot cash" for the full amount of the S8725 of the Registry of Deeds at Makati and on TCT
MINOR PROVISIONS ALREADY IMPLIED BY
consideration.13 Petitioner reminded respondent spouses that the Nos. 295976 and 295971 of the Registry of Rizal.
LAW, LIKE EJECTMENT OF TENANTS,
contracts to sell had already been duly perfected and Norma's
2. Ordering plaintiff Thelma A. Jader to pay defendant SUBDIVISION OF TITLE AND RESCISSION IN
refusal to sign the same would unduly prejudice petitioner. Still,
spouses Norma and Edilberto Camaisa, FIFTY CASE OF NONPAYMENT, WHICH PETITIONER
Norma refused to sign the contracts prompting petitioner to file a
THOUSAND (₱50,000.00) as Moral Damages and READILY AGREED AND ACCEDED TO THEIR
complaint for specific performance and damages against
FIFTY THOUSAND (₱50,000.00) as Attorney's Fees. INCLUSION;
respondent spouses before the Regional Trial Court of Makati,
Branch 136 on April 29, 1992, to compel respondent Norma Costs against plaintiff.22 THE HONORABLE COURT OF APPEALS
Camaisa to sign the contracts to sell. GRIEVIOUSLY ERRED WHEN IT FAILED TO
Petitioner, thus, elevated the case to the Court of Appeals. On
CONSIDER THAT CONTRACT OF SALE IS
A Motion to Dismiss14 was filed by respondents which was denied November 29, 2000, the Court of Appeals affirmed the dismissal
CONSENSUAL AND IT IS PERFECTED BY THE
by the trial court in its Resolution of July 21, 1992.15 by the trial court but deleted the award of ₱50,000.00 as damages
MERE CONSENT OF THE PARTIES AND THE
and ₱50,000.00 as attorney's fees.
Respondents then filed their Answer with Compulsory Counter APPLICABLE PROVISIONS ARE ARTICLES 1157,
claim, alleging that it was an agreement between herein petitioner The Court of Appeals explained that the properties subject of the 1356, 1357, 1358, 1403, 1405 AND 1475 OF THE
and respondent Edilberto Camaisa that the sale of the subject contracts were conjugal properties and as such, the consent of both CIVIL CODE OF THE PHILIPPINES AND
properties was still subject to the approval and conformity of his spouses is necessary to give effect to the sale. Since private GOVERNED BY THE STATUTE OF FRAUD.23
wife Norma Camaisa.16 Thereafter, when Norma refused to give respondent Norma Camaisa refused to sign the contracts, the sale
The Court does not find error in the decisions of both the trial court
her consent to the sale, her refusal was duly communicated by was never perfected. In fact, the downpayment was returned by
and the Court of Appeals.
Edilberto to petitioner.17 The checks issued by petitioner were respondent spouses and was accepted by petitioner. The Court of
returned to her by Edilberto and she accepted the same without any Appeals also stressed that the authority of the court to allow sale or Petitioner alleges that the trial court erred when it entered a
objection.18 Respondent further claimed that the acceptance of the encumbrance of a conjugal property without the consent of the summary judgment in favor of respondent spouses there being a
checks returned to petitioner signified her assent to the cancellation other spouse is applicable only in cases where the said spouse is genuine issue of fact. Petitioner maintains that the issue of whether
of the sale of the subject properties.19 Respondent Norma denied
60
the contracts to sell between petitioner and respondent spouses was offer is withdrawn by either or both offerors.
perfected is a question of fact necessitating a trial on the merits. (Underscoring ours.)
The Court does not agree. A summary judgment is one granted by The properties subject of the contracts in this case were conjugal;
the court upon motion by a party for an expeditious settlement of a hence, for the contracts to sell to be effective, the consent of both
case, there appearing from the pleadings, depositions, admissions husband and wife must concur.
and affidavits that there are no important questions or issues of fact
Respondent Norma Camaisa admittedly did not give her written
involved, and that therefore the moving party is entitled to
consent to the sale. Even granting that respondent Norma actively
judgment as a matter of law.24 A perusal of the pleadings submitted
participated in negotiating for the sale of the subject properties,
by both parties show that there is no genuine controversy as to the
which she denied, her written consent to the sale is required by law
facts involved therein.
for its validity. Significantly, petitioner herself admits that Norma
Both parties admit that there were negotiations for the sale of four refused to sign the contracts to sell. Respondent Norma may have
parcels of land between petitioner and respondent spouses; that been aware of the negotiations for the sale of their conjugal
petitioner and respondent Edilberto Camaisa came to an agreement properties. However, being merely aware of a transaction is not
as to the price and the terms of payment, and a downpayment was consent.25
paid by petitioner to the latter; and that respondent Norma refused
Finally, petitioner argues that since respondent Norma unjustly
to sign the contracts to sell. The issue thus posed for resolution in
refuses to affix her signatures to the contracts to sell, court
the trial court was whether or not the contracts to sell between
authorization under Article 124 of the Family Code is warranted.
petitioner and respondent spouses were already perfected such that
the latter could no longer back out of the agreement. The argument is bereft of merit. Petitioner is correct insofar as she
alleges that if the written consent of the other spouse cannot be
The law requires that the disposition of a conjugal property by the
obtained or is being withheld, the matter may be brought to court
husband as administrator in appropriate cases requires the written
which will give such authority if the same is warranted by the
consent of the wife, otherwise, the disposition is void. Thus,
circumstances. However, it should be stressed that court
Article 124 of the Family Code provides:
authorization under Art. 124 is only resorted to in cases where the
Art. 124. The administration and enjoyment of the spouse who does not give consent is incapacitated.26
conjugal partnership property shall belong to both
In this case, petitioner failed to allege and prove that respondent
spouses jointly. In case of disagreement, the husband's
Norma was incapacitated to give her consent to the contracts. In
decision shall prevail, subject to recourse to the court
the absence of such showing of the wife's incapacity, court
by the wife for a proper remedy, which must be availed
authorization cannot be sought.
of within five years from the date of the contract
implementing such decision. Under the foregoing facts, the motion for summary judgment was
proper considering that there was no genuine issue as to any
In the event that one spouse is incapacitated or
material fact. The only issue to be resolved by the trial court was
otherwise unable to participate in the administration of
whether the contract to sell involving conjugal properties was valid
the conjugal properties, the other spouse may assume
without the written consent of the wife.
sole powers of administration. These powers do not
include the powers of disposition or encumbrance WHEREFORE, the petition is hereby DENIED and the decision
which must have the authority of the court or the of the Court of Appeals dated November 29, 2000 in CAG.R. CV
written consent of the other spouse. In the absence of No. 43421 AFFIRMED.
such authority or consent the disposition or
encumbrance shall be void. However, the transaction SO ORDERED.
shall be construed as a continuing offer on the part of
Davide, Jr., C.J., (Chairman), Puno, Pardo, and YnaresSantiago,
the consenting spouse and the third person, and may be
JJ., concur.
perfected as a binding contract upon the acceptance by
the other spouse or authorization by the court before the
61
Republic of the Philippines execution of the SPA in favor of Gesmundo, took place without the (b) The Certificate of Sale executed by Notary Public Reynaldo
SUPREME COURT knowledge and consent of respondent.4 Alcantara on April 20, 1995.
First, petitioner takes issue with the legal provision applicable to
the factual milieu of this case. It contends that Article 124 of the Respondent and the late Marcelino Dailo, Jr. were married on Second, petitioner imposes the liability for the payment of the
Family Code should be construed in relation to Article 493 of the August 8, 1967. In the absence of a marriage settlement, the principal obligation obtained by the late Marcelino Dailo, Jr. on the
Civil Code, which states: system of relative community or conjugal partnership of gains conjugal partnership to the extent that it redounded to the benefit
governed the property relations between respondent and her late of the family.21
husband.15 With the effectivity of the Family Code on August 3,
ART. 493. Each coowner shall have the full ownership of his part
1988, Chapter 4 on Conjugal Partnership of Gains in the Family Under Article 121 of the Family Code, "[T]he conjugal partnership
and of the fruits and benefits pertaining thereto, and he may
Code was made applicable to conjugal partnership of gains already shall be liable for: . . . (3) Debts and obligations contracted by
therefore alienate, assign or mortgage it, and even substitute
established before its effectivity unless vested rights have already either spouse without the consent of the other to the extent that the
another person in its enjoyment, except when personal rights are
been acquired under the Civil Code or other laws.16 family may have been benefited; . . . ." For the subject property to
involved. But the effect of the alienation or the mortgage, with
respect to the coowners, shall be limited to the portion which may be held liable, the obligation contracted by the late Marcelino
be allotted to him in the division upon the termination of the co The rules on coownership do not even apply to the property Dailo, Jr. must have redounded to the benefit of the conjugal
ownership. relations of respondent and the late Marcelino Dailo, Jr. even in a partnership. There must be the requisite showing then of some
suppletory manner. The regime of conjugal partnership of gains is advantage which clearly accrued to the welfare of the spouses.
a special type of partnership, where the husband and wife place in Certainly, to make a conjugal partnership respond for a liability
Article 124 of the Family Code provides in part:
a common fund the proceeds, products, fruits and income from that should appertain to the husband alone is to defeat and frustrate
their separate properties and those acquired by either or both the avowed objective of the new Civil Code to show the utmost
ART. 124. The administration and enjoyment of the conjugal spouses through their efforts or by chance. 17 Unlike the absolute concern for the solidarity and wellbeing of the family as a unit.22
partnership property shall belong to both spouses jointly. . . . community of property wherein the rules on coownership apply in
a suppletory manner,18 the conjugal partnership shall be governed
63
The burden of proof that the debt was contracted for the benefit of
the conjugal partnership of gains lies with the creditorparty
litigant claiming as such.23 Ei incumbit probatio qui dicit, non qui
negat (he who asserts, not he who denies, must
prove).24 Petitioner’s sweeping conclusion that the loan obtained
by the late Marcelino Dailo, Jr. to finance the construction of
housing units without a doubt redounded to the benefit of his
family, without adducing adequate proof, does not persuade this
Court. Other than petitioner’s bare allegation, there is nothing from
the records of the case to compel a finding that, indeed, the loan
obtained by the late Marcelino Dailo, Jr. redounded to the benefit
of the family. Consequently, the conjugal partnership cannot be
held liable for the payment of the principal obligation.
In addition, a perusal of the records of the case reveals that during
the trial, petitioner vigorously asserted that the subject property
was the exclusive property of the late Marcelino Dailo, Jr.
Nowhere in the answer filed with the trial court was it alleged that
the proceeds of the loan redounded to the benefit of the family.
Even on appeal, petitioner never claimed that the family benefited
from the proceeds of the loan. When a party adopts a certain theory
in the court below, he will not be permitted to change his theory on
appeal, for to permit him to do so would not only be unfair to the
other party but it would also be offensive to the basic rules of fair
play, justice and due process.25 A party may change his legal
theory on appeal only when the factual bases thereof would not
require presentation of any further evidence by the adverse party in
order to enable it to properly meet the issue raised in the new
theory.26
WHEREFORE, the petition is DENIED. Costs against petitioner.
SO ORDERED.
64
Republic of the Philippines signature making it appear that Jose had authorized Milagros to Sometime in December 1997, Tomas directed Rosana to go to the
SUPREME COURT sell the subject property to Tomas.10 house of Milagros to confirm if Jose knew about the sale
Manila transaction. Through a phone call by Milagros to Jose, Rosana was
In his Answer, Tomas maintained that he was a buyer in good faith able to talk to Jose who confirmed that he was aware of the sale
EN BANC
and for value.11 Before he paid the full consideration of the sale, and had given his wife authority to proceed with the sale. Rosana
Tomas claimed he sought advice from his lawyerfriend who told informed Tomas of Jose’s confirmation.23
G.R. No. 190846 February 3, 2016 him that the title of the subject lot was authentic and in
order.12 Furthermore, he alleged that the SPA authorizing Milagros With the assurance that all the documents were in order, Tomas
TOMAS P. TAN, JR., Petitioner, to sell the property was annotated at the back of the title.13 made a partial payment of P350,000.00 and another P350,000.00
vs. upon the execution of the Deed of Absolute Sale (Deed of Sale).
JOSE G. HOSANA, Respondent. Tomas filed a crossclaim against Milagros and claimed Tomas noticed that the consideration written by Milagros on the
compensatory and moral damages, attorney’s fees, and expenses Deed of Sale was only P200,000.00; he inquired why the written
for litigation, in the event that judgment be rendered in favor of consideration was lower than the actual consideration paid.
D E C I S I O N
Jose.14 Milagros explained that it was done to save on taxes. Tomas also
learned from Milagros that she needed money badly and had to sell
BRION, J.: the house because Jose had stopped sending her money.24
The RTC declared Milagros in default for her failure to file her
1
answer to Jose’s complaint and Tomas’ crossclaim. 15 On the other
Before us is a petition for review on certiorari challenging the The RTC Ruling
hand, it dismissed Tomas’ complaint against the Register of Deeds
August 28, 2009 decision2 and November 17, 2009 resolution3 of
since it was only a nominal party.16
the Court of Appeals (CA) in CAG.R. CV No. 88645.
In its decision dated December 27, 2006, 25 the RTC decided in
After the pretrial conference, trial on the merits ensued.17 favor of Jose and nullified the sale of the subject property to
The Facts Tomas. The RTC held that the SPA dated June 10, 1996, wherein
Jose supposedly appointed Milagros as his attorneyinfact, was
Jose presented his brother, Bonifacio Hosana (Bonifacio), as sole
The respondent Jose G. Hosana (Jose) married Milagros C. actually null and void.
witness. Bonifacio testified that he learned of the sale of the
Hosana (Milagros) on January 14, 1979.4 During their marriage, subject property from Milagros’ son.18 When Bonifacio confronted
Jose and Milagros bought a house and lot located at Tinago, Naga Milagros that Jose would get angry because of the sale, Milagros Tomas and Milagros were ordered to jointly and severally
City, which lot was covered by Transfer Certificate of retorted that she sold the property because she needed the money. indemnify Jose the amount of P20,000.00 as temperate damages.26
Title (TCT) No. 21229.5 Bonifacio immediately informed Jose, who was then in Japan, of
the sale.19 The CA Ruling
On January 13, 1998, Milagros sold to the petitioner Tomas P.
Tan, Jr. (Tomas) the subject property, as evidenced by a deed of Jose was furious when he learned of the sale and went back to the Tomas appealed the RTC’s ruling to the CA.
sale executed by Milagros herself and as attorneyinfact of Jose, Philippines. Jose and Bonifacio verified with the Register of Deeds
by virtue of a Special Power of Attorney (SPA) executed by Jose in and discovered that the title covering the disputed property had
In a decision dated August 28, 2009, 27 the CA affirmed the RTC
her favor.6 The Deed of Sale stated that the purchase price for the been transferred to Tomas.20
ruling that the deed of sale and the SPA were void. However, the
lot was P200,000.00.7 After the sale, TCT No. 21229 was
cancelled and TCT No. 32568 was issued in the name of Tomas.8 CA modified the judgment of the RTC: first, by deleting the award
Bonifacio further testified that Jose’s signature in the SPA was of temperate damages; and second, by directing Jose and Milagros
forged.21 Bonifacio presented documents containing the signature to reimburse Tomas the purchase price of P200,000.00, with
On October 19, 2001, Jose filed a Complaint for Annulment of of Jose for comparison: Philippine passport, complaintaffidavit, interest, under the principle of unjust enrichment. Despite Tomas’
Sale/Cancellation of Title/Reconveyance and Damages against duplicate original of SPA dated 16 February 2002, notice of lis allegation that he paid P700,000.00 for the subject lot, the CA
Milagros, Tomas, and the Register of Deeds of Naga City. 9 The pendens, community tax certificate, voter’s affidavit, specimen found that there was no convincing evidence that established this
complaint was filed before the Regional Trial Court (RTC), Branch signatures, and a handwritten letter.22 claim.28
62, Naga City. In the complaint, Jose averred that while he was
working in Japan, Milagros, without his consent and knowledge,
On the other hand, Tomas submitted his own account of events as Tomas filed a motion for the reconsideration of the CA decision on
conspired with Tomas to execute the SPA by forging Jose’s
corroborated by Rosana Robles (Rosana), his goddaughter. the ground that the amount of P200,000.00 as reimbursement for
65
the purchase price of the house and lot was insufficient and not Whether Tomas paid the purchase price of P700,000.00 is a the truth. It is evidence that is more convincing to the court as it is
supported by the evidence formally offered before and admitted by question of fact not proper in a petition for review on certiorari. worthier of belief than that which is offered in opposition thereto.43
the RTC. Tomas contended that the actual amount he paid as Appreciation of evidence and inquiry on the correctness of the
consideration for the sale was P700,000.00, as supported by his appellate court's factual findings are not the functions of this Court, We agree with the CA that Tomas’ bare allegation that he paid
testimony before the RTC.29 as we are not a trier of facts.36 Milagros the sum of P700,000.00 cannot be considered as proof of
payment, without any other convincing evidence to establish this
The CA denied the motion for reconsideration for lack of merit" in This Court does not address questions of fact which require us to claim. Tomas’ bare allegation, while uncontroverted, does not
a resolution dated November 17, 2009.30 rule on "the truth or falsehood of alleged facts,"37 except in the automatically entitle it to be given weight and credence.
following cases:
The Petition It is settled in jurisprudence that one who pleads payment has the
(1) when the findings are grounded entirely on speculations, burden of proving it;44 the burden rests on the defendant to prove
surmises, or conjectures; (2) when the inference made is manifestly payment, rather than on the plaintiff to prove nonpayment. 45 A
Tomas filed the present petition for review on certiorari to
mistaken, absurd, or impossible; (3) when there is a grave abuse of mere allegation is not evidence,46 and the person who alleges has
challenge the CA ruling which ordered the reimbursement of
discretion; (4) when the judgment is based on misappreciation of the burden of proving his or her allegation with the requisite
P200,000.00 only, instead of the actual purchase price he paid in
facts; (5) when the findings of fact are conflicting; (6) when in quantum of evidence, which in civil cases is preponderance of
the amount of P700,000.00.31
making its findings, the same are contrary to the admissions of evidence.
both appellant and appellee; (7) when the findings are contrary to
Tomas argues that, first, all matters contained in the deed of sale, those of the trial court; (8) when the findings are conclusions The force and effect of a void contract is distinguished from its
including the consideration stated, cannot be used as evidence without citation of specific evidence on which they are based; (9) admissibility as evidence.
since it was declared null and void; second, the deed of sale was when the facts set forth in the petition as well as in the petitioner’s
not specifically offered to prove the actual consideration of the main and reply briefs are not disputed by the respondent; and (10)
sale;32 third, his testimony establishing the actual purchase price of The next question to be resolved is whether the CA correctly
when the findings of fact are premised on the supposed absence of
P700,000.00 paid was uncontroverted;33 and, fourth, Jose must ordered the reimbursement of P200,000.00, which is the
evidence and contradicted by the evidence on record.38
consideration stated in the Deed of Sale, based on the principle of
return the full amount actually paid under the principle of solutio
unjust enrichment.
indebiti.34
The present case does not fall under any of these exceptions.
The petitioner argues that the CA erred in relying on the
Jose, on the other hand, argues that first, Jose is estopped from
Whether Tomas sufficiently proved that he paid P700,000.00 for consideration stated in the deed of sale as basis for the
questioning the purchase price indicated in the deed of dale for
the subject property is a factual question that the CA had already reimbursable amount because a null and void document cannot be
failing to immediately raise this question; and second, the terms of
resolved in the negative.39 The CA found Tomas’ claim of paying used as evidence.
an agreement reduced into writing are deemed to include all the
P700,000.00 for the subject property to be unsubstantiated as he
terms agreed upon and no other evidence can be admitted other
failed to tender any convincing evidence to establish his claim.
than the terms of the agreement itself.35 We find no merit in the petitioner’s argument.
We uphold the CA’s finding.
The Issues A void or inexistent contract has no force and effect from the very
beginning.47 This rule applies to contracts that are declared void by
In civil cases, the basic rule is that the party making allegations has positive provision of law, as in the case of a sale of conjugal
The core issues are (1) whether the deed of sale can be used as the
the burden of proving them by a preponderance of property without the other spouse’s written consent.48 A void
basis for the amount of consideration paid; and (2) whether the
evidence.40 Moreover, the parties must rely on the strength of their contract is equivalent to nothing and is absolutely wanting in civil
testimony of Tomas is sufficient to establish the actual purchase
own evidence, not upon the weakness of the defense offered by effects.49 It cannot be validated either by ratification or
price of the sale.
their opponent.41 prescription.50 When, however, any of the terms of a void contract
have been performed, an action to declare its inexistence is
OUR RULING necessary to allow restitution of what has been given under it.51
Preponderance of evidence is the weight, credit, and value of the
aggregate evidence on either side and is usually considered to be
We affirm the CA ruling and deny the petition. synonymous with the term "greater weight of the evidence" or It is basic that if a void contract has already "been performed, the
"greater weight of the credible evidence."42 Preponderance of restoration of what has been given is in order." 52 This principle
evidence is a phrase that, in the last analysis, means probability of springs from Article 22 of the New Civil Code which states that
66
"every person who through an act of performance by another, or are thereafter found relevant or competent. On the other hand, their Prima facie evidence is defined as evidence good and sufficient on
any other means, acquires or comes into possession of something admission, if they turn out later to be irrelevant or incompetent, its face. Such evidence as, in the judgment of the law, is sufficient
at the expense of the latter without just or legal ground, shall return can easily be remedied by completely discarding them or ignoring to establish a given fact, or the group or chain of facts constituting
the same." Hence, the restitution of what each party has given is a them.56 the party’s claim or defense and which if not rebutted or
consequence of a void and inexistent contract. contradicted, will remain sufficient.61
In the present case, the deed of sale was declared null and void by
While the terms and provisions of a void contract cannot be positive provision of the law prohibiting the sale of conjugal In the present case, the consideration stated in the deed of sale
enforced since it is deemed inexistent, it does not preclude the property without the spouse’s consent.1âwphi1 It does not, constitutes prima facie evidence of the amount paid by Tomas for
admissibility of the contract as evidence to prove matters that however, preclude the possibility that Tomas paid the the transfer of the property to his name. Tomas failed to adduce
occurred in the course of executing the contract, i.e., what each consideration stated therein. The admission of the deed of sale as satisfactory evidence to rebut or contradict the consideration stated
party has given in the execution of the contract. evidence is consistent with the liberal policy of the court to admit as the actual consideration and amount paid to Milagros and Jose.
the evidence which appears to be relevant in resolving an issue
Evidence is the means of ascertaining in a judicial proceeding the before the courts. The deed of sale was declared null and void by a positive provision
truth respecting a matter of fact, sanctioned by the Rules of of law requiring the consent of both spouses for the sale of
Court.53 The purpose of introducing documentary evidence is to An offer to prove the regular execution of the deed of sale is conjugal property. There is, however, no question on the presence
ascertain the truthfulness of a matter at issue, which can be the basis for the court to determine the presence of the essential of the consideration of the sale, except with respect to the actual
entire content or a specific provision/term in the document. elements of the sale, including the consideration paid. amount paid. While the deed of sale has no force and effect as a
contract, it remains prima facie evidence of the actual
The deed of sale as documentary evidence may be used as a means Tomas argues that the Deed of Sale was not specifically offered to consideration paid.
to ascertain the truthfulness of the consideration stated and its prove the actual consideration of the sale and, hence, cannot be
actual payment. The purpose of introducing the deed of sale as considered by the court. Tomas is incorrect. As earlier discussed, Tomas failed to substantiate his claim that he
evidence is not to enforce the terms written in the contract, which paid to Milagros the amount of P700,000.00, instead of the amount
is an obligatory force and effect of a valid contract. The deed of The deed of sale in the present case was formally offered by both of P200,000.00 stated in the deed of sale. No documentary or
sale, rather, is used as a means to determine matters that occurred parties as evidence.57 Tomas, in fact, formally offered it for the testimonial evidence to prove payment of the higher amount was
in the execution of such contract, i.e., the determination of what purpose of proving its execution and the regularity of the sale.58 presented, apart from Tomas’ sole testimony. Tomas’ sole
each party has given under the void contract to allow restitution testimony of payment is selfserving and insufficient to
and prevent unjust enrichment. The offer of the deed of sale to prove its regularity necessarily unequivocally prove that Milagros received P700,000.00 for the
allowed the lower courts to consider the terms written therein to subject property.
Evidence is admissible when it is relevant to the issue and is not determine whether all the essential elements 59 for a valid contract
excluded by the law of these rules.54 There is no provision in the of sale are present, including the consideration of the sale. The fact Hence, the consideration stated in the deed of sale remains
Rules of Evidence which excludes the admissibility of a void that the sale was declared null and void does not prevent the court sufficient evidence of the actual amount the petitioner paid and the
document. The Rules only require that the evidence is relevant and from relying on consideration stated in the deed of sale to same amount which should be returned under the principle of
not excluded by the Rules for its admissibility.55 determine the actual amount paid by the petitioner for the purpose unjust enrichment.
of preventing unjust enrichment.
67
Accordingly, the CA correctly ordered Jose to return the amount of
P,200,000.00 since this the consideration stated in the Deed of Sale
and given credence by the lower court. Indeed, even Jose expressly
stated in his comment that Tomas is entitled to recover the money
paid by him in the amount of P200,000.00 as appearing in the
contract.
SO ORDERED.
ARTURO D. BRION
Associate Justice
68
Republic of the Philippines him. And, within six months, Tarciano was to clear the lot of fouryear prescriptive period for nullifying the sale on ground of
SUPREME COURT structures and occupants and secure the consent of his estranged fraud had already lapsed.
Baguio City wife, Rosario Gabriel Roca (Rosario), to the sale. Upon Tarciano’s
compliance with these conditions, the Fuentes spouses were to take Both the Rocas and the Fuentes spouses presented handwriting
EN BANC possession of the lot and pay him an additional ₱140,000.00 or experts at the trial. Comparing Rosario’s standard signature on the
₱160,000.00, depending on whether or not he succeeded in affidavit with those on various documents she signed, the Rocas’
demolishing the house standing on it. If Tarciano was unable to expert testified that the signatures were not written by the same
G.R. No. 178902 April 21, 2010 comply with these conditions, the Fuentes spouses would become person. Making the same comparison, the spouses’ expert
owners of the lot without any further formality and payment. concluded that they were.8
MANUEL O. FUENTES and LETICIA L.
FUENTES, Petitioners, The parties left their signed agreement with Atty. Plagata who then On February 1, 2005 the RTC rendered judgment, dismissing the
vs. worked on the other requirements of the sale. According to the case. It ruled that the action had already prescribed since the
CONRADO G. ROCA, ANNABELLE R. JOSON, ROSE lawyer, he went to see Rosario in one of his trips to Manila and ground cited by the Rocas for annulling the sale, forgery or fraud,
MARIE R. CRISTOBAL and PILAR had her sign an affidavit of consent.3 As soon as Tarciano met the already prescribed under Article 1391 of the Civil Code four years
MALCAMPO, Respondents. other conditions, Atty. Plagata notarized Rosario’s affidavit in after its discovery. In this case, the Rocas may be deemed to have
Zamboanga City. On January 11, 1989 Tarciano executed a deed notice of the fraud from the date the deed of sale was registered
of absolute sale4 in favor of the Fuentes spouses. They then paid with the Registry of Deeds and the new title was issued. Here, the
D E C I S I O N
him the additional ₱140,000.00 mentioned in their agreement. A Rocas filed their action in 1997, almost nine years after the title
new title was issued in the name of the spouses5 who immediately was issued to the Fuentes spouses on January 18, 1989.9
ABAD, J.: constructed a building on the lot. On January 28, 1990 Tarciano
passed away, followed by his wife Rosario who died nine months
Moreover, the Rocas failed to present clear and convincing
This case is about a husband’s sale of conjugal real property, afterwards.
evidence of the fraud. Mere variance in the signatures of Rosario
employing a challenged affidavit of consent from an estranged
was not conclusive proof of forgery.10 The RTC ruled that,
wife. The buyers claim valid consent, loss of right to declare Eight years later in 1997, the children of Tarciano and Rosario, although the Rocas presented a handwriting expert, the trial court
nullity of sale, and prescription. namely, respondents Conrado G. Roca, Annabelle R. Joson, and could not be bound by his opinion since the opposing expert
Rose Marie R. Cristobal, together with Tarciano’s sister, Pilar R. witness contradicted the same. Atty. Plagata’s testimony remained
The Facts and the Case Malcampo, represented by her son, John Paul M. Trinidad technically unrebutted.11
(collectively, the Rocas), filed an action for annulment of sale and
reconveyance of the land against the Fuentes spouses before the
Sabina Tarroza owned a titled 358square meter lot in Canelar, Finally, the RTC noted that Atty. Plagata’s defective notarization
Regional Trial Court (RTC) of Zamboanga City in Civil Case
Zamboanga City. On October 11, 1982 she sold it to her son, of the affidavit of consent did not invalidate the sale. The law does
4707. The Rocas claimed that the sale to the spouses was void
Tarciano T. Roca (Tarciano) under a deed of absolute sale. 1 But not require spousal consent to be on the deed of sale to be valid.
since Tarciano’s wife, Rosario, did not give her consent to it. Her
Tarciano did not for the meantime have the registered title Neither does the irregularity vitiate Rosario’s consent. She
signature on the affidavit of consent had been forged. They thus
transferred to his name. personally signed the affidavit in the presence of Atty. Plagata.12
prayed that the property be reconveyed to them upon
reimbursement of the price that the Fuentes spouses paid
Six years later in 1988, Tarciano offered to sell the lot to On appeal, the Court of Appeals (CA) reversed the RTC decision.
Tarciano.6
petitioners Manuel and Leticia Fuentes (the Fuentes spouses). The CA found sufficient evidence of forgery and did not give
They arranged to meet at the office of Atty. Romulo D. Plagata credence to Atty. Plagata’s testimony that he saw Rosario sign the
The spouses denied the Rocas’ allegations. They presented Atty.
whom they asked to prepare the documents of sale. They later document in Quezon City. Its jurat said differently. Also, upon
Plagata who testified that he personally saw Rosario sign the
signed an agreement to sell that Atty. Plagata prepared 2 dated April comparing the questioned signature with the specimen signatures,
affidavit at her residence in Paco, Manila, on September 15, 1988.
29, 1988, which agreement expressly stated that it was to take the CA noted significant variance between them. That Tarciano
He admitted, however, that he notarized the document in
effect in six months. and Rosario had been living separately for 30 years since 1958 also
Zamboanga City four months later on January 11, 1989. 7 All the
reinforced the conclusion that her signature had been forged.
same, the Fuentes spouses pointed out that the claim of forgery
The agreement required the Fuentes spouses to pay Tarciano a was personal to Rosario and she alone could invoke it. Besides, the
down payment of ₱60,000.00 for the transfer of the lot’s title to
69
Since Tarciano and Rosario were married in 1950, the CA First. The key issue in this case is whether or not Rosario’s Second. Contrary to the ruling of the Court of Appeals, the law that
concluded that their property relations were governed by the Civil signature on the document of consent had been forged. For, if the applies to this case is the Family Code, not the Civil Code.
Code under which an action for annulment of sale on the ground of signature were genuine, the fact that she gave her consent to her Although Tarciano and Rosario got married in 1950, Tarciano sold
lack of spousal consent may be brought by the wife during the husband’s sale of the conjugal land would render the other issues the conjugal property to the Fuentes spouses on January 11, 1989,
marriage within 10 years from the transaction. Consequently, the merely academic. a few months after the Family Code took effect on August 3, 1988.
action that the Rocas, her heirs, brought in 1997 fell within 10
years of the January 11, 1989 sale. The CA found that Rosario’s signature had been forged. The CA When Tarciano married Rosario, the Civil Code put in place the
observed a marked difference between her signature on the system of conjugal partnership of gains on their property relations.
Considering, however, that the sale between the Fuentes spouses affidavit of consent15 and her specimen signatures.16 The CA gave While its Article 165 made Tarciano the sole administrator of the
and Tarciano was merely voidable, the CA held that its annulment no weight to Atty. Plagata’s testimony that he saw Rosario sign the conjugal partnership, Article 16617 prohibited him from selling
entitled the spouses to reimbursement of what they paid him plus document in Manila on September 15, 1988 since this clashed with commonly owned real property without his wife’s consent. Still, if
legal interest computed from the filing of the complaint until actual his declaration in the jurat that Rosario signed the affidavit in he sold the same without his wife’s consent, the sale is not void but
payment. Since the Fuentes spouses were also builders in good Zamboanga City on January 11, 1989. merely voidable. Article 173 gave Rosario the right to have the
faith, they were entitled under Article 448 of the Civil Code to sale annulled during the marriage within ten years from the date of
payment of the value of the improvements they introduced on the The Court agrees with the CA’s observation that Rosario’s the sale. Failing in that, she or her heirs may demand, after
lot. The CA did not award damages in favor of the Rocas and signature strokes on the affidavit appears heavy, deliberate, and dissolution of the marriage, only the value of the property that
deleted the award of attorney’s fees to the Fuentes spouses.13 forced. Her specimen signatures, on the other hand, are Tarciano fraudulently sold. Thus:
consistently of a lighter stroke and more fluid. The way the letters
Unsatisfied with the CA decision, the Fuentes spouses came to this "R" and "s" were written is also remarkably different. The variance Art. 173. The wife may, during the marriage, and within ten years
court by petition for review.14 is obvious even to the untrained eye. from the transaction questioned, ask the courts for the annulment
of any contract of the husband entered into without her consent,
Significantly, Rosario’s specimen signatures were made at about when such consent is required, or any act or contract of the
the time that she signed the supposed affidavit of consent. They husband which tends to defraud her or impair her interest in the
were, therefore, reliable standards for comparison. The Fuentes conjugal partnership property. Should the wife fail to exercise this
spouses presented no evidence that Rosario suffered from any right, she or her heirs, after the dissolution of the marriage, may
illness or disease that accounted for the variance in her signature demand the value of property fraudulently alienated by the
when she signed the affidavit of consent. Notably, Rosario had husband.
The Issues Presented
been living separately from Tarciano for 30 years since 1958. And
she resided so far away in Manila. It would have been quite But, as already stated, the Family Code took effect on August 3,
The case presents the following issues: tempting for Tarciano to just forge her signature and avoid the risk 1988. Its Chapter 4 on Conjugal Partnership of Gains expressly
that she would not give her consent to the sale or demand a stiff superseded Title VI, Book I of the Civil Code on Property
1. Whether or not Rosario’s signature on the document price for it. Relations Between Husband and Wife.18 Further, the Family Code
of consent to her husband Tarciano’s sale of their provisions were also made to apply to already existing conjugal
conjugal land to the Fuentes spouses was forged; What is more, Atty. Plagata admittedly falsified the jurat of the partnerships without prejudice to vested rights.19 Thus:
affidavit of consent. That jurat declared that Rosario swore to the
2. Whether or not the Rocas’ action for the declaration document and signed it in Zamboanga City on January 11, 1989 Art. 105. x x x The provisions of this Chapter shall also apply to
of nullity of that sale to the spouses already prescribed; when, as Atty. Plagata testified, she supposedly signed it about conjugal partnerships of gains already established between spouses
and four months earlier at her residence in Paco, Manila on September before the effectivity of this Code, without prejudice to vested
15, 1988. While a defective notarization will merely strip the rights already acquired in accordance with the Civil Code or other
3. Whether or not only Rosario, the wife whose consent document of its public character and reduce it to a private laws, as provided in Article 256. (n)
was not had, could bring the action to annul that sale. instrument, that falsified jurat, taken together with the marks of
forgery in the signature, dooms such document as proof of Consequently, when Tarciano sold the conjugal lot to the Fuentes
Rosario’s consent to the sale of the land. That the Fuentes spouses spouses on January 11, 1989, the law that governed the disposal of
The Court’s Rulings
honestly relied on the notarized affidavit as proof of Rosario’s that lot was already the Family Code.
consent does not matter. The sale is still void without an authentic
consent.
70
In contrast to Article 173 of the Civil Code, Article 124 of the brought in 1997 fell within 10 years of the January 11, 1989 sale. It In fairness to the Fuentes spouses, however, they should be
Family Code does not provide a period within which the wife who did not yet prescribe. entitled, among other things, to recover from Tarciano’s heirs, the
gave no consent may assail her husband’s sale of the real property. Rocas, the ₱200,000.00 that they paid him, with legal interest until
It simply provides that without the other spouse’s written consent The Fuentes spouses of course argue that the RTC nullified the fully paid, chargeable against his estate.
or a court order allowing the sale, the same would be void. Article sale to them based on fraud and that, therefore, the applicable
124 thus provides: prescriptive period should be that which applies to fraudulent Further, the Fuentes spouses appear to have acted in good faith in
transactions, namely, four years from its discovery. Since notice of entering the land and building improvements on it. Atty. Plagata,
Art. 124. x x x In the event that one spouse is incapacitated or the sale may be deemed given to the Rocas when it was registered whom the parties mutually entrusted with closing and documenting
otherwise unable to participate in the administration of the with the Registry of Deeds in 1989, their right of action already the transaction, represented that he got Rosario’s signature on the
conjugal properties, the other spouse may assume sole powers of prescribed in 1993. affidavit of consent. The Fuentes spouses had no reason to believe
administration. These powers do not include the powers of that the lawyer had violated his commission and his oath. They had
disposition or encumbrance which must have the authority of the But, if there had been a victim of fraud in this case, it would be the no way of knowing that Rosario did not come to Zamboanga to
court or the written consent of the other spouse. In the absence of Fuentes spouses in that they appeared to have agreed to buy the give her consent. There is no evidence that they had a premonition
such authority or consent, the disposition or encumbrance shall be property upon an honest belief that Rosario’s written consent to the that the requirement of consent presented some difficulty. Indeed,
void. x x x sale was genuine. They had four years then from the time they they willingly made a 30 percent down payment on the selling
learned that her signature had been forged within which to file an price months earlier on the assurance that it was forthcoming.
Under the provisions of the Civil Code governing contracts, a void action to annul the sale and get back their money plus damages.
or inexistent contract has no force and effect from the very They never exercised the right. Further, the notarized document appears to have comforted the
beginning. And this rule applies to contracts that are declared void Fuentes spouses that everything was already in order when
by positive provision of law, 20 as in the case of a sale of conjugal If, on the other hand, Rosario had agreed to sign the document of Tarciano executed a deed of absolute sale in their favor on January
property without the other spouse’s written consent. A void consent upon a false representation that the property would go to 11, 1989. In fact, they paid the balance due him. And, acting on the
contract is equivalent to nothing and is absolutely wanting in civil their children, not to strangers, and it turned out that this was not documents submitted to it, the Register of Deeds of Zamboanga
effects. It cannot be validated either by ratification or the case, then she would have four years from the time she City issued a new title in the names of the Fuentes spouses. It was
prescription.21 discovered the fraud within which to file an action to declare the only after all these had passed that the spouses entered the property
sale void. But that is not the case here. Rosario was not a victim of and built on it. He is deemed a possessor in good faith, said Article
But, although a void contract has no legal effects even if no action fraud or misrepresentation. Her consent was simply not obtained at 526 of the Civil Code, who is not aware that there exists in his title
is taken to set it aside, when any of its terms have been performed, all. She lost nothing since the sale without her written consent was or mode of acquisition any flaw which invalidates it.
an action to declare its inexistence is necessary to allow restitution void. Ultimately, the Rocas ground for annulment is not forgery
of what has been given under it. 22 This action, according to Article but the lack of written consent of their mother to the sale. The As possessor in good faith, the Fuentes spouses were under no
1410 of the Civil Code does not prescribe. Thus: forgery is merely evidence of lack of consent. obligation to pay for their stay on the property prior to its legal
interruption by a final judgment against them. 24 What is more, they
Art. 1410. The action or defense for the declaration of the Third. The Fuentes spouses point out that it was to Rosario, whose are entitled under Article 448 to indemnity for the improvements
inexistence of a contract does not prescribe. consent was not obtained, that the law gave the right to bring an they introduced into the property with a right of retention until the
action to declare void her husband’s sale of conjugal land. But reimbursement is made. Thus:
Here, the Rocas filed an action against the Fuentes spouses in 1997 here, Rosario died in 1990, the year after the sale. Does this mean
for annulment of sale and reconveyance of the real property that that the right to have the sale declared void is forever lost? Art. 448. The owner of the land on which anything has been built,
Tarciano sold without their mother’s (his wife’s) written consent. sown or planted in good faith, shall have the right to appropriate as
The passage of time did not erode the right to bring such an action. The answer is no. As stated above, that sale was void from the his own the works, sowing or planting, after payment of the
beginning. Consequently, the land remained the property of indemnity provided for in Articles 546 and 548, or to oblige the
Tarciano and Rosario despite that sale. When the two died, they one who built or planted to pay the price of the land, and the one
Besides, even assuming that it is the Civil Code that applies to the
passed on the ownership of the property to their heirs, namely, the who sowed, the proper rent. However, the builder or planter cannot
transaction as the CA held, Article 173 provides that the wife may
Rocas.23 As lawful owners, the Rocas had the right, under Article be obliged to buy the land if its value is considerably more than
bring an action for annulment of sale on the ground of lack of
429 of the Civil Code, to exclude any person from its enjoyment that of the building or trees. In such case, he shall pay reasonable
spousal consent during the marriage within 10 years from the
and disposal.1avvphi1 rent, if the owner of the land does not choose to appropriate the
transaction. Consequently, the action that the Rocas, her heirs,
building or trees after proper indemnity. The parties shall agree
71
upon the terms of the lease and in case of disagreement, the court determine the amount of indemnity to which petitioner
shall fix the terms thereof. (361a) spouses Manuel and Leticia Fuentes are entitled.
The Rocas shall of course have the option, pursuant to Article 546 SO ORDERED.
of the Civil Code,25 of indemnifying the Fuentes spouses for the
costs of the improvements or paying the increase in value which ROBERTO A. ABAD
the property may have acquired by reason of such improvements. Associate Justice
3. Respondents Gonzalo G. Roca, Annabelle R. Joson,
Rose Marie R. Cristobal, and Pilar Malcampo are
ORDERED to pay petitioner spouses Manuel and
Leticia Fuentes the ₱200,000.00 that the latter paid
Tarciano T. Roca, with legal interest from January 11,
1989 until fully paid, chargeable against his estate;
4. Respondents Gonzalo G. Roca, Annabelle R. Joson,
Rose Marie R. Cristobal, and Pilar Malcampo are
further ORDERED, at their option, to indemnify
petitioner spouses Manuel and Leticia Fuentes with
their expenses for introducing useful improvements on
the subject land or pay the increase in value which it
may have acquired by reason of those improvements,
with the spouses entitled to the right of retention of the
land until the indemnity is made; and
5. The RTC of Zamboanga City from which this case
originated is DIRECTED to receive evidence and
72
Republic of the Philippines while PhP230,000 is to be paid on April 30, 1996 and the the Kasunduan but instead demanded from Dolores compliance
SUPREME COURT remaining balance of PhP200,000 was to be paid before the end of therewith and that he allowed Dolores to take possession of the
Manila the year 1996.9 The Kasunduan was signed by Jacinta and Ricardo property. Further, the RTC noted that the case for annulment of
as witness. Jorge, however, did not sign the agreement. sale, reconveyance and recovery of possession filed by Jorge.
THIRD DIVISION
against Dolores had been dismissed and said dismissal attained
It further appears that the down payment of PhP70,000 and the finality. As such, res judicata set in preventing Jorge from further
G.R. No. 206114 June 19, 2017 PhP230,000 were paid by Dolores10 on the dates agreed upon and assailing the Kasunduan. 17
thereafter, Dolores was allowed to possess the property and
DOLORES ALEJO, Petitioner introduce improvements thereon. 11 Accordingly, the RTC declared the Kasunduan as a perfected
vs. contract and Dolores as the rightful owner of the property. It
SPOUSES ERNESTO CORTEZ and PRISCILLA SAN However, 9n July 3, 1996, Jorge wrote a letter to Dolores denying further ordered the cancellation of titles issued in the names of the
PEDRO, SPOUSES JORGE LEONARDO and JACINTA knowledge and consent to the Kasunduan. Jorge further informed Spouses Leonardo and the Spouses Cortez and the issuance of a
LEONARDO and THE REGISTER OF DEEDS OF Dolores that Jacinta was retracting her consent to new title in the name of Dolores. Finally, the RTC ordered Dolores
BULACAN, Respondents the Kasunduan due to Dolores' failure to comply with her to pay the balance of PhP200,000 and the Spouses Leonardo to pay
obligations. This was followed by another letter dated September moral damages, attorney's fees, litigation expenses and costs of
29, 1996 from Jorge to Dolores demanding that the latter pay the suit. 18
D E C I S I O N
balance of PhP200,000 on or before October 5, 1996, otherwise the
purchase price shall be increased to PhP700,000. 12 According to In disposal, the RTC pronounced:
TIJAM, J.: Dolores, she was being compelled by Jorge to sign the agreement
but that she refused to do so. As a result, Jorge went to her house, WHEREFORE, judgment is hereby rendered in favor of plaintiff
Assailed in this Petition for Review 1 under Rule 45 are the destroyed its water pump and disconnected the electricity. Before∙
Dolores Alejo and against defendants [S]pouses Leonardo and
Decision2 dated October 3, 2012 and Resolution 3 dated February the officials of the Barangay, Dolores tendered the balance of
Cortez, as follows:
26, 2013 of the Court of Appeals 4 (CA) in CAG.R. CV No. PhP200,000 but Jorge refused to accept the same. Instead, Jorge
95432, which reversed the Decision 5 of the Regional Trial Court filed cases for ejectment13 and annulment of sale, reconveyance
1.) Declaring the "Kasunduan" dated March 29, 1996 a perfected
(R TC), 6 Branch 19 in the City of Malolos, Bulacan. In its assailed and recovery of possession14 against her. 15 These cases were later
on dismissed by the trial court on technical grounds. contract, legal, binding and subsisting having been accepted by
Decision and Resolution, the CA declared void the parties'
defendant Jorge Leonardo;
agreement for the sale of a conjugal property for lack of written
consent of the husband. However, during the pendency of said cases, the subject property
was sold by Jorge and Jacinta to respondents Spouses Ernesto 2.) Declaring the plaintiff the true, legal and rightful owner of the
subject property;
The Facts and Antecedent Proceedings Cortez and Priscilla San Pedro (Spouses Cortez) under a Deed of
Absolute Sale dated September 4, 1998 for a purchase price of
PhP700,000. A new transfer certificate of title was Issued in the 3.) Declaring TCT Nb. 18170 in the names of Spouses Jorge
At the heart of the instant controversy is a parcel of land measuring
latter's names. At the time of said sale, Dolores was in possession Leonardo, Jacinta Leonardo cancelled and of no legal force and
255 square meters located .at Cutcot, Pulilan, Bulacan and
of the subject property. 16 effect;
covered by Transfer Certificate of Title No. T118170. The
property belonged to the conjugal property/absolute community of
property7 of the respondent Spouses Jorge and Jacinta Leonardo Consequently, Dolores filed the case a quo for annulment of deed 4.) Declaring TCT No. 121491 in the names of Spouses Ernesto
(Spouses Leonardo) and upon which their residential house was of sale and damages against the Spouses Cortez and the Spouses Cortez and Priscilla San Pedro null and void and therefore should
built. Leonardo. be ordered cancelled and of no legal force and effect;
74
powers do not include disposition or encumbrance without the Kasunduan, varied its terms on material points, i.e., the date of Likewise, as correctly held by the CA, Dolores, as possessor in
authority of the court or the written consent of the other spouse. In payment of the balance and the purchase price. Consequently, such good faith, is under no obligation to pay for her stay on the
the absence of such authority or consent, the disposition or counteroffer cannot be construed as evidencing Jorge's consent to property prior to its legal interruption by a final judgment. She is
encumbrance shall be void. However, the transaction shall be or acceptance of the Kasunduan for it is settled that where the further entitled under Article 448 to indemnity for the
construed as a continuing offer on the part of the consenting other spouse's putative consent to the sale of the conjugal property improvements introduced on the property with a right of retention
spouse and the third person, and may be perfected as a binding appears in a separate document which does not contain the same until reimbursement is made. The Spouses Leonardo have the
contract upon the acceptance by the other spouse or authorization terms and conditions as in the first document signed by the other option under Article 546 of the Civil Code of indemnifying
by the court before the offer is withdrawn by either or both spouse, a valid transaction could not have arisen.24 Dolores for the cost of the improvements or paying the increase in
offerors. (Emphasis supplied.) value which the property may have acquired by reason of such
Neither can Jorge's subsequent letters to Dolores be treated as a improvements. 26
The law is therefore unequivocal when it states that the disposition ratification of the Kasunduan for the basic reason that a void
of conjugal property of one spouse sans the written consent of the contract is not susceptible to ratification. Nor can Jorge's alleged WHEREFORE, the petition is DENIED. The Decision dated
other is void. Here, it is an established fact that the Kasunduan was participation in the negotiation for the sale of the property or his October 3, 2012 and Resolution dated February 26, 2013 of the
entered into solely by Jacinta and signed by her alone. By plain acquiescence to Dolores' transfer to and possession of the subject Court of Appeals in CA G.R. CV No. 95432 which (1) declared
terms of the law therefore, the Kasunduan is void. property be treated as converting∙ such continuing offer into a void the Kasunduan dated 29 March 1996; (2) declared valid the
binding contract as the law distinctly requires nothing less than a title issued in the names of Spouses Cortez and San Pedro; (3)
Nevertheless, We agree with the RTC and the CA when it held that written consent to the sale for its validity. Suffice to say that ordered the reimbursement of PhP300,000 with legal interest to
the void Kasunduan constitutes a continuing offer from Jacinta and participation in or awareness of the negotiations is not consent. 25 Dolores Alejo; (3) ordered the Spouses
Dolores and that Jorge had the option of either accepting or
rejecting the offer before it was withdrawn by either, or both, As above intimated, a determination that the Kasunduan is void Leonardo, at their option, to indemnify Dolores Alejo of her
Jacinta and Dolores. renders the other issues raised by Dolores academic, i.e., whether expenses on the useful improvements or pay the increase in value
the doctrine of res judicata applies and whether the Spouses Cortez on the subject property, with retention rights until indemnity is
The point of contention is whether Jorge accepted such continuing are buyers in bad faith; hence they merit no further discussion . made; and (4) remanded the case to the RTC for purposes of
offer. If so, then the Kasunduan is perfected as a binding contract; receiving evidence and determining the amount of said indemnity
otherwise, the Kasunduan remains void . The CA Correctly Ruled that Dolores is a Possessor in Good Faith are AFFIRMED in toto.
The RTC opined that Jorge's failure to expressly repudiate While the Kasunduan was void from the beginning, Dolores is, in SO ORDERED.
the Kasunduan and his demand that Dolores comply with her all fairness, entitled to recover from the Spouses Leonardo the
undertakings therein show Jorge's acceptance of the sale of the amount of PhP300,000 with legal Interest until fully paid. NOEL GIMENEZ TIJAM
conjugal property. On the other hand, the CA noted that in varying Associate Justice
the terms of the Kasunduan, i.e., in the time of payment and the Moreover, the CA correctly appreciated Dolores' standing as a
purchase price, Jorge is deemed to have only qualifiedly accepted possessor in good faith. It appears that Dolores acted in good faith
the same.1âwphi1 in entering the subject property and building improvements on it.
Ricardo represented that "Jacinta and Jorge wanted to sell the
We agree with the CA. subject property. Dolores had no reason to believe that Ricardo and
Jacinta were lying. Indeed, upon her own brother's prodding,
It is undisputed that after the execution of the Kasunduan, Jorge Dolores willingly parted with her money and paid the down
sent two letters to Dolores: one, in forming her that he did not payment on the selling price and later, a portion of the remaining
consent to the sale; and the other, demanding that' Dolores pay the balance. The signatures of Jacinta and of Ricardo (as witness) as
balance of the purchase price on or before October 5, 1996 and well as her successful entry to the property appear to have
failing which, the purchase price shall be increased to PhP700,000. comforted Dolores that everything was in order. Article 526 of the
Civil Code provides that she is deemed a possessor in good faith,
who is not aware that there exists in her title or mode of acquisition
Clearly, Jorge's first letter was an outright and express repudiation
any flaw that invalidates it.
of the Kasunduan. The second letter, while ostensibly a demand
for compliance with Dolores' obligation under
75
76
Republic of the Philippines Ismael and their spouses. TCT No. 67927 was cancelled, and TCT. Alfredo’s lot. She averred that respondents cannot claim lack of
SUPREME COURT No. 2728 was issued and registered in the names of respondents. knowledge about the fact that the improvements were constructed
Manila using conjugal funds as they had occupied one of the apartment
It is petitioner’s contention that on 2 October 1989, when her buildings on Alfredo’s lot, and even paid rentals to petitioner. In
FIRST DIVISION
husband was already bedridden, respondents Ismael and Flora addition, petitioner prayed that respondents be ordered to render an
Ferrer made him sign a document, purported to be his last will and accounting from September, 1991, on the income of the boarding
G.R. No. 166496 November 9, 2006 testament. The document, however, was a Deed of Sale covering house constructed thereon which they had appropriated for
Alfredo’s lot and the improvements thereon. Learning of this themselves, and to remit onehalf thereof as her share. Finally,
JOSEFA BAUTISTA FERRER, Petitioner, development, Alfredo filed with the RTC of Pasig, a Complaint for petitioner sought from respondents moral and exemplary damages,
vs. Annulment of the said sale against respondents, docketed as Civil litigation and incidental expenses.
SPS. MANUEL M. FERRER & VIRGINIA FERRER and Case No. 61327.5 On 22 June 1993, the RTC dismissed the
SPS. ISMAEL M. FERRER and FLORA same.6 The RTC found that the terms and conditions of the Deed of For their part, respondents filed a Motion to Dismiss,9 contending
FERRER, Respondents. Sale are not contrary to law, morals, good customs, and public that petitioner had no cause of action against them, and that the
policy, and should be complied with by the parties in good faith, cause of action was barred by prior judgment.
there being no compelling reason
D E C I S I O N
On 16 December 2002, the RTC rendered an Order, 10 denying the
under the law to do otherwise. The dismissal was affirmed by the Motion to Dismiss. According to the RTC, no pronouncement as to
CHICONAZARIO, J.:
Court of Appeals. Subsequently, on 7 November 1994, this Court, the improvements constructed on Alfredo’s lot has been made in
in G.R. No. L117067, finding no reversible error committed by Civil Case No. 61327, and the payment of petitioner’s share in the
Before this Court is an Appeal by Certiorari which assails the the appellate court in affirming the dismissal of the RTC, affirmed conjugal partnership constitutes a separate cause of action. A
Decision1 of the Court of Appeals dated 16 August 2004 in CA the Decision of the Court of Appeals.7 subsequent Order11 dated 17 January 2003 was issued by the RTC,
G.R. SP No. 78525, reversing and setting aside the Order 2 dated 16 denying respondents’ Motion for Reconsideration.
December 2002 of the Regional Trial Court (RTC), Mandaluyong Further, in support of her Complaint, petitioner alluded to a portion
City, Branch 212 in Civil Case No. MC021780. The Court of of the Decision dated 22 June 1993 of the RTC in Civil Case No. Aggrieved, respondents elevated the case to the Court of Appeals
Appeals ordered the dismissal of the Complaint3 filed by petitioner 61327, which stated, to wit: by way of a Petition for Certiorari, alleging grave abuse of
Josefa Bautista Ferrer against respondents Sps. Manuel M. Ferrer discretion amounting to lack or excess of jurisdiction on the RTC
and Virginia Ferrer, and Sps. Ismael M. Ferrer and Flora Ferrer in in denying the dismissal.
In determining which property is the principal and which is the
the aforesaid Civil Case No. MC021780.
accessory, the property of greater value shall be considered the
principal. In this case, the lot is the principal and the improvements On 16 August 2004, the Court of Appeals rendered a Decision
In her Complaint for payment of conjugal improvements, sum of the accessories. Since Article 120 of the Family Code provides the granting the Petition. It held that petitioner’s Complaint failed to
money, and accounting with prayer for injunction and damages, rule that the ownership of accessory follows the ownership of the state a cause of action. The appellate court rationalized as follows:
petitioner alleged that she is the widow of Alfredo Ferrer principal, then the subject lot with all its improvements became an
(Alfredo), a halfbrother of respondents Manuel M. Ferrer exclusive and capital property of Alfredo with an obligation to [W]e believe that the instant complaint is not the proper action for
(Manuel) and Ismael M. Ferrer (Ismael). Before her marriage to reimburse the conjugal partnership of the cost of improvements at the respondent to enforce her right of reimbursement of the cost of
Alfredo, the latter acquired a piece of lot, covered by Transfer the time of liquidation of [the] conjugal partnership. Clearly, the improvement[s] on the subject property. As correctly pointed
Certificate of Title (TCT) No. 67927.4 He applied for a loan with Alfredo has all the rights to sell the subject property by himself out by the petitioners, the same should be made and directed in the
the Social Security System (SSS) to build improvements thereon, without need of Josefa’s consent.8 settlement of estate of her deceased husband Alfredo Ferrer
including a residential house and a twodoor apartment building.
pursuant to Article 12912 of the Family Code. Such being the case,
However, it was during their marriage that payment of the loan
According to petitioner, the ruling of the RTC shows that, when it appears that the complaint herein fails to state a cause of action
was made using the couple’s conjugal funds. From their conjugal
Alfredo died on 29 September 1999, or at the time of the against the petitioners, the latter not being the proper parties
funds, petitioner posited, they constructed a warehouse on the lot.
liquidation of the conjugal partnership, she had the right to be against whom the subject action for reimbursement must be
Moreover, petitioner averred that respondent Manuel occupied one
reimbursed for the cost of the improvements on Alfredo’s lot. She directed to. A complaint states a cause of action where it contains
door of the apartment building, as well as the warehouse; however,
alleged that the cost of the improvements amounted to three essential elements of a cause of action, namely: (1) the legal
in September 1991, he stopped paying rentals thereon, alleging that
₱500,000.00; hence, onehalf thereof should be reimbursed and right of the plaintiff; (2) the correlative obligation of the defendant,
he had acquired ownership over the property by virtue of a Deed of
paid by respondents as they are now the registered owners of and (3) the act or omission of the defendant in violation of said
Sale executed by Alfredo in favor of respondents, Manuel and
77
legal right. If these elements are absent, the complaint becomes Section 1(g) Rule 1616 of the 1997 Rules of Civil Procedure makes According to petitioner, while the RTC in Civil Case No. 61327
vulnerable to a motion to dismiss on the ground of failure to state a it clear that failure to make a sufficient allegation of a cause of recognized that the improvements constructed on Alfredo’s lots
cause of action. Albeit the respondent herein has the legal right to action in the complaint warrants the dismissal thereof. Section 2, were deemed as Alfredo’s exclusive and capital property, the court
be reimbursed of the cost of the improvements of the subject Rule 2 of the 1997 Rules of Civil Procedure defines a cause of also held that petitioner, as Alfredo’s spouse, has the right to claim
property, it is not the petitioners but the estate of her deceased action as the act or omission by which a party violates the right of reimbursement from the estate of Alfredo. It is argued by petitioner
husband which has the obligation to pay the same. The complaint another. It is the delict or the wrongful act or omission committed that her husband had no other property, and his only property had
herein is therefore dismissible for failure to state a cause of action by the defendant in violation of the primary right of the plaintiff.17 been sold to the respondents; hence, she has the legal right to claim
against the petitioners. Needless to say, the respondent is not for reimbursement from the respondents who are now the owners
without any further recourse as she may file her claim against the A cause of action has the following essential elements, viz: of the lot and the improvements thereon. In fine, petitioner
estate of her deceased husband. asseverates that the Complaint cannot be dismissed on the ground
of failure to state a cause of action because the respondents have
(1) A right in favor of the plaintiff by whatever means
In light of the foregoing, we find that the public respondent the correlative obligation to pay the value of the improvements.
and under whatever law it arises or is created;
committed grave abuse of discretion in denying the petitioners’
motion to dismiss for failure to state a cause of action.13 Petitioner was not able to show that there is an obligation on the
(2) An obligation on the part of the named defendant to
part of the respondents to respect or not to violate her right. While
respect or not to violate such right; and
Aggrieved, petitioner filed a Motion for Reconsideration thereon. we could concede that Civil Case No. 61327 made a reference to
However, on 17 December 2004, the Court of Appeals rendered a the right of the spouse as contemplated in Article 120 22 of the
(3) Act or omission on the part of such defendant in Family Code to be reimbursed for the cost of the improvements,
Resolution14 denying the motion.
violation of the right of the plaintiff or constituting a the obligation to reimburse rests on the spouse upon whom
breach of the obligation of the defendant to the plaintiff ownership of the entire property is vested. There is no obligation
Hence, the present recourse. for which the latter may maintain an action for recovery on the part of the purchaser of the property, in case the property is
of damages or other appropriate relief.18 sold by the ownerspouse.
Petitioner submits the following grounds for the allowance of the
instant Petition, to wit: A complaint states a cause of action only when it has the three Indeed, Article 120 provides the solution in determining the
indispensable elements.19 ownership of the improvements that are made on the separate
A. THE HONORABLE COURT OF APPEALS property of the spouses at the expense of the partnership or through
ERRED IN RULING THAT PETITIONER’S In the determination of the presence of these elements, inquiry is the acts or efforts of either or both spouses. Thus, when the cost of
COMPLAINT FAILS TO STATE A CAUSE OF confined to the four corners of the complaint. Only the statements the improvement and any resulting increase in value are more than
ACTION AGAINST THE RESPONDENTS, THE in the Complaint may be properly considered.20 The absence of any the value of the property at the time of the improvement, the entire
LATTER NOT BEING THE PROPER PARTIES of these elements makes a complaint vulnerable to a Motion to property of one of the spouses shall belong to the conjugal
AGAINST WHOM THE SUBJECT ACTION FOR Dismiss on the ground of a failure to state a cause of action.21 partnership, subject to reimbursement of the value of the property
REIMBURSEMENT MUST BE DIRECTED TO. of the ownerspouse at the time of the improvement; otherwise,
After a reading of the allegations contained in petitioner’s said property shall be retained in ownership by the ownerspouse,
B. THE HONORABLE COURT OF APPEALS Complaint, we are convinced that the same failed to state a cause likewise subject to reimbursement of the cost of the improvement.
ERRED IN RULING THAT THE PUBLIC of action. The subject property was precisely declared as the exclusive
RESPONDENT, HON. RIZALINA T. CAPCO property of Alfredo on the basis of Article 120 of the Family Code.
UMALI, COMMITTED GRAVE ABUSE OF
In the case at bar, petitioner asserts a legal right in her favor by
DISCRETION IN DENYING THE What is incontrovertible is that the respondents, despite the
relying on the Decision of the RTC in Civil Case No. 61327. It can
[RESPONDENTS’] MOTION TO DISMISS FOR allegations contained in the Complaint that they are the buyers of
be recalled that the aforesaid case is an action for Annulment filed
FAILURE TO STATE A CAUSE OF ACTION.15 the subject premises, are not petitioner’s spouse nor can they ever
by Alfredo and petitioner against the respondents to seek
annulment of the Deed of Sale, executed by Alfredo in be deemed as the ownerspouse upon whom the obligation to
Both arguments raise the sole issue of whether the Court of respondents’ favor and covering the herein subject premises. The reimburse petitioner for her costs rested. It is the ownerspouse
Appeals erred in dismissing petitioner’s Complaint for failure to Complaint was dismissed by the RTC, and subsequently affirmed who has the obligation to reimburse the conjugal partnership or the
state a cause of action. by the Court of Appeals and by this Court in G.R. No. L117067. spouse who expended the acts or efforts, as the case may be.
Otherwise stated, respondents do not have the obligation to respect
petitioner’s right to be reimbursed.
78
On this matter, we do not find an act or omission on the part of
respondents in violation of petitioner’s rights. The right of the
respondents to acquire as buyers the subject premises from Alfredo
under the assailed Deed of Sale in Civil Case No. 61327 had been
laid to rest. This is because the validity of the Deed of Sale had
already been determined and upheld with finality. The same had
been similarly admitted by petitioner in her Complaint. It can be
said, thus, that respondents’ act of acquiring the subject property
by sale was not in violation of petitioner’s rights. The same can
also be said of the respondents’ objection to reimburse petitioner.
Simply, no correlative obligation exists on the part of the
respondents to reimburse the petitioner. Corollary thereto, neither
can it be said that their refusal to reimburse constituted a violation
of petitioner’s rights. As has been shown in the foregoing, no
obligation by the respondents under the law exists. Petitioner’s
Complaint failed to state a cause of action against the respondents,
and for this reason, the Court of Appeals was not in error in
dismissing the same.
WHEREFORE, the Petition is DENIED. The Decision dated 16
August 2004 and the Resolution dated 17 December 2004 of the
Court of Appeals in CA G.R. SP. No. 78525 are AFFIRMED.
Costs de oficio.
SO ORDERED.
MINITA V. CHICONAZARIO
Associate Justice
79
Republic of the Philippines On August 12, 1996, the trial court rendered a decision which prohibits respondent from acquiring the same. The dispositive
SUPREME COURT terminated the regime of absolute community of property between portion of the assailed decision reads:
Manila the petitioner and respondent. It also decreed the separation of
properties between them and ordered the equal partition of WHEREFORE, in view of the foregoing, the Decision of the lower
FIRST DIVISION
personal properties located within the country, excluding those court dated August 12, 1996 is hereby MODIFIED. Respondent
acquired by gratuitous title during the marriage. With regard to the Elena Buenaventura Muller is hereby ordered to REIMBURSE the
G.R. No. 149615 August 29, 2006 Antipolo property, the court held that it was acquired using petitioner the amount of P528,000.00 for the acquisition of the land
paraphernal funds of the respondent. However, it ruled that and the amount of P2,300,000.00 for the construction of the house
IN RE: PETITION FOR SEPARATION OF PROPERTY respondent cannot recover his funds because the property was situated in Atnipolo, Rizal, deducting therefrom the amount
purchased in violation of Section 7, Article XII of the Constitution. respondent spent for the preservation, maintenance and
ELENA BUENAVENTURA MULLER, Petitioner,
Thus – development of the aforesaid real property including the
vs.
HELMUT MULLER, Respondent. depreciation cost of the house or in the alternative to SELL the
However, pursuant to Article 92 of the Family Code, properties house and lot in the event respondent does not have the means to
acquired by gratuitous title by either spouse during the marriage reimburse the petitioner out of her own money and from the
D E C I S I O N
shall be excluded from the community property. The real property, proceeds thereof, reimburse the petitioner of the cost of the land
therefore, inherited by petitioner in Germany is excluded from the and the house deducting the expenses for its maintenance and
YNARESSANTIAGO, J.: absolute community of property of the herein spouses. Necessarily, preservation spent by the respondent. Should there be profit, the
the proceeds of the sale of said real property as well as the personal same shall be divided in proportion to the equity each has over the
This petition for review on certiorari 1 assails the February 26, properties purchased thereby, belong exclusively to the petitioner. property. The case is REMANDED to the lower court for reception
2001 Decision 2 of the Court of Appeals in CAG.R. CV No. However, the part of that inheritance used by the petitioner for of evidence as to the amount claimed by the respondents for the
59321 affirming with modification the August 12, 1996 acquiring the house and lot in this country cannot be recovered by preservation and maintenance of the property.
Decision 3 of the Regional Trial Court of Quezon City, Branch 86 the petitioner, its acquisition being a violation of Section 7, Article
in Civil Case No. Q9421862, which terminated the regime of XII of the Constitution which provides that "save in cases of SO ORDERED. 8
absolute community of property between petitioner and hereditary succession, no private lands shall be transferred or
respondent, as well as the Resolution 4 dated August 13, 2001 conveyed except to individuals, corporations or associations
Hence, the instant petition for review raising the following issues:
denying the motion for reconsideration. qualified to acquire or hold lands of the public domain." The law
will leave the parties in the situation where they are in without
prejudice to a voluntary partition by the parties of the said real I
The facts are as follows:
property. x x x
THE HONORABLE COURT OF APPEALS GRAVELY ERRED
Petitioner Elena Buenaventura Muller and respondent Helmut
x x x x IN HOLDING THAT THE RESPONDENT HEREIN IS
Muller were married in Hamburg, Germany on September 22,
ENTITLED TO REIMBURSEMENT OF THE AMOUNT USED
1989. The couple resided in Germany at a house owned by
TO PURCHASE THE LAND AS WELL AS THE COSTS FOR
respondent’s parents but decided to move and reside permanently As regards the property covered by Transfer Certificate of Title
THE CONSTRUCTION OF THE HOUSE, FOR IN SO RULING,
in the Philippines in 1992. By this time, respondent had inherited No. 219438 of the Registry of Deeds of Marikina, Metro Manila,
IT INDIRECTLY ALLOWED AN ACT DONE WHICH
the house in Germany from his parents which he sold and used the situated in Antipolo, Rizal and the improvements thereon, the
OTHERWISE COULD NOT BE DIRECTLY x x x DONE,
proceeds for the purchase of a parcel of land in Antipolo, Rizal at Court shall not make any pronouncement on constitutional
WITHOUT DOING VIOLENCE TO THE CONSTITUTIONAL
the cost of P528,000.00 and the construction of a house amounting grounds. 7
PROSCRIPTION THAT AN ALIEN IS PROHIBITED FROM
to P2,300,000.00. The Antipolo property was registered in the
ACQUIRING OWNERSHIP OF REAL PROPERTIES
name of petitioner under Transfer Certificate of Title No. Respondent appealed to the Court of Appeals which rendered the LOCATED IN THE PHILIPPINES.
219438 5 of the Register of Deeds of Marikina, Metro Manila. assailed decision modifying the trial court’s Decision. It held that
respondent merely prayed for reimbursement for the purchase of
II
Due to incompatibilities and respondent’s alleged womanizing, the Antipolo property, and not acquisition or transfer of ownership
drinking, and maltreatment, the spouses eventually separated. On to him. It also considered petitioner’s ownership over the property
September 26, 1994, respondent filed a petition 6 for separation of in trust for the respondent. As regards the house, the Court of THE COURT OF APPEALS GRAVELY ERRED IN
properties before the Regional Trial Court of Quezon City. Appeals ruled that there is nothing in the Constitution which SUSTAINING RESPONDENT’S CAUSE OF ACTION WHICH
IS ACTUALLY A DESPERATE ATTEMPT TO OBTAIN
80
OWNERSHIP OVER THE LOT IN QUESTION, CLOTHED partly to prevent this result that section 5 is included in Article otherwise would allow circumvention of the constitutional
UNDER THE GUISE OF CLAIMING REIMBURSEMENT. XIII, and it reads as follows: prohibition.
81
a decisive vote as to its transfer or disposition. This is a right that
the Constitution does not permit him to have.
As already observed, the finding that his wife had used her own
money to purchase the property cannot, and will not, at this stage
of the proceedings be reviewed and overturned. But even if it were
a fact that said wife had used conjugal funds to make the
acquisition, the considerations just set out to militate, on high
constitutional grounds, against his recovering and holding the
property so acquired, or any part thereof. And whether in such an
event, he may recover from his wife any share of the money used
for the purchase or charge her with unauthorized disposition or
expenditure of conjugal funds is not now inquired into; that would
be, in the premises, a purely academic exercise. (Emphasis added)
SO ORDERED.
CONSUELO YNARESSANTIAGO
Associate Justice
82
Republic of the Philippines return of the property,4 but Servacio refused to heed their demand. partnership, such sale must be made in the manner and with the
SUPREME COURT After barangay proceedings failed to resolve the dispute, 5 they formalities established by the Rules of Court for the sale of the
Manila sued Servacio and Rito in the Regional Trial Court in Maasin City, property of the deceased persons. Any sale, transfer, alienation or
Southern Leyte (RTC) for the annulment of the sale of the disposition of said property affected without said formalities shall
FIRST DIVISION property. be null and void, except as regards the portion that belongs to the
vendor as determined in the liquidation and partition. Pending the
The petitioners averred that following Protacio, Jr.’s renunciation, liquidation, the disposition must be considered as limited only to
G.R. No. 157537 September 7, 2011 the contingent share or interest of the vendor in the particular
the property became conjugal property; and that the sale of the
property to Servacio without the prior liquidation of the property involved, but not to the corpus of the property.
THE HEIRS OF PROTACIO GO, SR. and MARTA community property between Protacio, Sr. and Marta was null and
BAROLA, namely: LEONOR, SIMPLICIO, PROTACIO, JR., void.6 This rule applies not only to sale but also to mortgages. The
ANTONIO, BEVERLY ANN LORRAINNE, TITA, alienation, mortgage or disposal of the conjugal property without
CONSOLACION, LEONORA and ASUNCION, all surnamed Servacio and Rito countered that Protacio, Sr. had exclusively the required formality, is not however, null ab initio, for the law
GO, represented by LEONORA B. GO, Petitioners, owned the property because he had purchased it with his own recognizes their validity so long as they do not exceed the portion
vs. money.7 which, after liquidation and partition, should pertain to the
ESTER L. SERVACIO and RITO B. GO, Respondents. surviving spouse who made the contract." [underlining supplied]
On October 3, 2002,8 the RTC declared that the property was the
D E C I S I O N conjugal property of Protacio, Sr. and Marta, not the exclusive It seems clear from these comments of Senator Arturo Tolentino
property of Protacio, Sr., because there were three vendors in the on the provisions of the New Civil Code and the Family Code on
sale to Servacio (namely: Protacio, Sr., Rito, and Dina); that the the alienation by the surviving spouse of the community property
BERSAMIN, J.:
participation of Rito and Dina as vendors had been by virtue of that jurisprudence remains the same that the alienation made by
their being heirs of the late Marta; that under Article 160 of the the surviving spouse of a portion of the community property is not
The disposition by sale of a portion of the conjugal property by the wholly void ab initio despite Article 103 of the Family Code, and
Civil Code, the law in effect when the property was acquired, all
surviving spouse without the prior liquidation mandated by Article shall be valid to the extent of what will be allotted, in the final
property acquired by either spouse during the marriage was
130 of the Family Code is not necessarily void if said portion has partition, to the vendor. And rightly so, because why invalidate the
conjugal unless there was proof that the property thus acquired
not yet been allocated by judicial or extrajudicial partition to sale by the surviving spouse of a portion of the community
pertained exclusively to the husband or to the wife; and that
another heir of the deceased spouse. At any rate, the requirement property that will eventually be his/her share in the final partition?
Protacio, Jr.’s renunciation was grossly insufficient to rebut the
of prior liquidation does not prejudice vested rights. Practically there is no reason for that view and it would be absurd.
legal presumption.9
Antecedents Now here, in the instant case, the 5,560 square meter portion of the
Nonetheless, the RTC affirmed the validity of the sale of the
property, holding that: "xxx As long as the portion sold, alienated 17,140 squaremeter conjugal lot is certainly mush (sic) less than
On February 22, 1976, Jesus B. Gaviola sold two parcels of land or encumbered will not be allotted to the other heirs in the final what vendors Protacio Go and his son Rito B. Go will eventually
with a total area of 17,140 square meters situated in Southern partition of the property, or to state it plainly, as long as the portion get as their share in the final partition of the property. So the sale is
Leyte to Protacio B. Go, Jr. (Protacio, Jr.). Twenty three years sold does not encroach upon the legitimate (sic) of other heirs, it is still valid.
later, or on March 29, 1999, Protacio, Jr. executed an Affidavit of valid."10 Quoting Tolentino’s commentary on the matter as
Renunciation and Waiver,1 whereby he affirmed under oath that it authority,11 the RTC opined: WHEREFORE, premises considered, complaint is hereby
was his father, Protacio Go, Sr. (Protacio, Sr.), not he, who had DISMISSED without pronouncement as to cost and damages.
purchased the two parcels of land (the property).
In his comment on Article 175 of the New Civil Code regarding
the dissolution of the conjugal partnership, Senator Arturo SO ORDERED.12
On November 25, 1987, Marta Barola Go died. She was the wife Tolentino, says" [sic]
of Protacio, Sr. and mother of the petitioners. 2 On December 28,
The RTC’s denial of their motion for reconsideration 13 prompted
1999, Protacio, Sr. and his son Rito B. Go (joined by Rito’s wife
"Alienation by the survivor. — After the death of one of the the petitioners to appeal directly to the Court on a pure question of
Dina B. Go) sold a portion of the property with an area of 5,560
spouses, in case it is necessary to sell any portion of the law.
square meters to Ester L. Servacio (Servacio) for
community property in order to pay outstanding obligation of the
₱5,686,768.00.3 On March 2, 2001, the petitioners demanded the
83
Issue govern their property relations during marriage, the provisions in could sell his undivided share; hence, Protacio, Sr. had the right to
this Chapter shall be of supplementary application. freely sell and dispose of his undivided interest, but not the interest
The petitioners claim that Article 130 of the Family Code is the of his coowners.19 Consequently, the sale by Protacio, Sr. and Rito
applicable law; and that the sale by Protacio, Sr., et al. to Servacio The provisions of this Chapter shall also apply to conjugal as coowners without the consent of the other coowners was not
was void for being made without prior liquidation. partnerships of gains already established between spouses before necessarily void, for the rights of the selling coowners were
the effectivity of this Code, without prejudice to vested rights thereby effectively transferred, making the buyer (Servacio) a co
already acquired in accordance with the Civil Code or other laws, owner of Marta’s share.20 This result conforms to the well
In contrast, although they have filed separate comments, Servacio
as provided in Article 256. (n) [emphasis supplied] established principle that the binding force of a contract must be
and Rito both argue that Article 130 of the Family Code was
recognized as far as it is legally possible to do so (quando res non
inapplicable; that the want of the liquidation prior to the sale did
valet ut ago, valeat quantum valere potest).21
not render the sale invalid, because the sale was valid to the extent It is clear that conjugal partnership of gains established before and
of the portion that was finally allotted to the vendors as his share; after the effectivity of the Family Code are governed by the rules
and that the sale did not also prejudice any rights of the petitioners found in Chapter 4 (Conjugal Partnership of Gains) of Title IV Article 105 of the Family Code, supra, expressly provides that the
as heirs, considering that what the sale disposed of was within the (Property Relations Between Husband And Wife) of the Family applicability of the rules on dissolution of the conjugal partnership
aliquot portion of the property that the vendors were entitled to as Code. Hence, any disposition of the conjugal property after the is "without prejudice to vested rights already acquired in
heirs.14 dissolution of the conjugal partnership must be made only after the accordance with the Civil Code or other laws." This provision
liquidation; otherwise, the disposition is void. gives another reason not to declare the sale as entirely void.
Indeed, such a declaration prejudices the rights of Servacio who
Ruling
had already acquired the shares of Protacio, Sr. and Rito in the
Before applying such rules, however, the conjugal partnership of
property subject of the sale.
The appeal lacks merit. gains must be subsisting at the time of the effectivity of the Family
Code. There being no dispute that Protacio, Sr. and Marta were
married prior to the effectivity of the Family Code on August 3, In their separate comments,22 the respondents aver that each of the
Article 130 of the Family Code reads: heirs had already received "a certain allotted portion" at the time of
1988, their property relation was properly characterized as one of
conjugal partnership governed by the Civil Code. Upon Marta’s the sale, and that Protacio, Sr. and Rito sold only the portions
Article 130. Upon the termination of the marriage by death, the death in 1987, the conjugal partnership was dissolved, pursuant to adjudicated to and owned by them. However, they did not present
conjugal partnership property shall be liquidated in the same Article 175 (1) of the Civil Code,15 and an implied ordinary co any public document on the allocation among her heirs, including
proceeding for the settlement of the estate of the deceased. ownership ensued among Protacio, Sr. and the other heirs of Marta themselves, of specific shares in Marta’s estate. Neither did they
with respect to her share in the assets of the conjugal partnership aver that the conjugal properties had already been liquidated and
If no judicial settlement proceeding is instituted, the surviving pending a liquidation following its liquidation.16 The ensuing partitioned. Accordingly, pending a partition among the heirs of
spouse shall liquidate the conjugal partnership property either implied ordinary coownership was governed by Article 493 of the Marta, the efficacy of the sale, and whether the extent of the
judicially or extrajudicially within one year from the death of the Civil Code,17 to wit: property sold adversely affected the interests of the petitioners
deceased spouse. If upon the lapse of the six month period no might not yet be properly decided with finality. The appropriate
liquidation is made, any disposition or encumbrance involving the recourse to bring that about is to commence an action for judicial
Article 493. Each coowner shall have the full ownership of his
conjugal partnership property of the terminated marriage shall be partition, as instructed in BailonCasilao v. Court of Appeals,23 to
part and of the fruits and benefits pertaining thereto, and he may
void. wit:
therefore alienate, assign or mortgage it, and even substitute
another person in its enjoyment, except when personal rights are
Should the surviving spouse contract a subsequent marriage involved. But the effect of the alienation or the mortgage, with From the foregoing, it may be deduced that since a coowner is
without compliance with the foregoing requirements, a mandatory respect to the coowners, shall be limited to the portion which may entitled to sell his undivided share, a sale of the entire property by
regime of complete separation of property shall govern the be allotted to him in the division upon the termination of the co one
property relations of the subsequent marriage. ownership. (399)
coowner without the consent of the other coowners is not null
Article 130 is to be read in consonance with Article 105 of the Protacio, Sr., although becoming a coowner with his children in and void. However, only the rights of the coownerseller are
Family Code, viz: respect of Marta’s share in the conjugal partnership, could not yet transferred, thereby making the buyer a coowner of the property.
assert or claim title to any specific portion of Marta’s share without
Article 105. In case the future spouses agree in the marriage an actual partition of the property being first done either by The proper action in cases like this is not for the nullification of the
settlements that the regime of conjugal partnership of gains shall agreement or by judicial decree. Until then, all that he had was an sale or for the recovery of possession of the thing owned in
ideal or abstract quota in Marta’s share. 18 Nonetheless, a coowner common from the third person who substituted the coowner or co
84
owners who alienated their shares, but the DIVISION of the LUCAS P. BERSAMIN
common property as if it continued to remain in the possession of Associate Justice
the coowners who possessed and administered it [Mainit v.
Bandoy, supra].
Thus, it is now settled that the appropriate recourse of coowners in
cases where their consent were not secured in a sale of the entire
property as well as in a sale merely of the undivided shares of
some of the coowners is an action for PARTITION under Rule 69
of the Revised Rules of Court. xxx24
In the meanwhile, Servacio would be a trustee for the benefit of the
coheirs of her vendors in respect of any portion that might not be
validly sold to her. The following observations of Justice Paras are
explanatory of this result, viz:
xxx [I]f it turns out that the property alienated or mortgaged really
would pertain to the share of the surviving spouse, then said
transaction is valid. If it turns out that there really would be, after
liquidation, no more conjugal assets then the whole transaction is
null and void.1âwphi1 But if it turns out that half of the property
thus alienated or mortgaged belongs to the husband as his share in
the conjugal partnership, and half should go to the estate of the
wife, then that corresponding to the husband is valid, and that
corresponding to the other is not. Since all these can be determined
only at the time the liquidation is over, it follows logically that a
disposal made by the surviving spouse is not void ab initio. Thus, it
has been held that the sale of conjugal properties cannot be made
by the surviving spouse without the legal requirements. The sale is
void as to the share of the deceased spouse (except of course as to
that portion of the husband’s share inherited by her as the
surviving spouse). The buyers of the property that could not be
validly sold become trustees of said portion for the benefit of the
husband’s other heirs, the cestui que trust ent. Said heirs shall not
be barred by prescription or by laches (See Cuison, et al. v.
Fernandez, et al.,L11764, Jan.31, 1959.)25
WHEREFORE, we DENY the petition for review on certiorari;
and AFFIRM the decision of the Regional Trial Court.
The petitioners shall pay the costs of suit.
SO ORDERED.
85
Republic of the Philippines Melecio, one of the children of Anastacio and Flora, learned of the his nipa hut on the subject property only in 1999, without their
SUPREME COURT transfer and filed a Complaint for Annulment of Title and Recovery knowledge and consent.13
Baguio City of Ownership (Complaint) against the spouses Molina on May 17,
1999.8 The spouses Molina presented Jaime Garlitos (Jaime) as their sole
SECOND DIVISION
witness and who is one of the occupants of the subject lot.
Melecio claims that Anastacio gave the subject property to the
G.R. No. 200274 April 20, 2016
spouses Molina to serve as collateral for the money that Anastacio Jaime testified that Elena Molina permitted him to build a house on
borrowed. Anastacio could not have validly sold the interest over the subject property in 1993. Jaime, together with the other tenants,
MELECIO DOMINGO, Petitioner, the subject property without Flora’s consent, as Flora was already planted fruit bearing trees on the subject property and gave
vs. dead at the time of the sale. portions of their harvest to Elena Molina without any complaint
SPOUSES GENARO MOLINA and ELENA B. MOLINA, from Melecio. Jaime further testified that Melecio never lived on
substituted by ESTER MOLINA, Respondents. Melecio also claims that Genaro Molina must have falsified the the subject property and that only George Domingo, as the
document transferring Anastacio and Flora’s onehalf undivided caretaker of the spouses Molina, has a hut on the property.
D E C I S I O N interest over the land. Finally, Melecio asserts that he occupied the
subject property from the time of Anastacio’s death up to the time Meanwhile, the spouses Molina died during the pendency of the
he filed the Complaint.9 case and were substituted by their adopted son, Cornelio Molina.14
BRION, J.:
Melecio presented the testimonies of the Records Officer of the THE RTC RULING
We resolve the petition for review on certiorari1 filed by the Register of Deeds of Tarlac, and of Melecio’s nephew, George
petitioner Melecio Domingo (Melecio) assailing the August 9, Domingo (George).10
2011 decision2 and January 10, 2012 resolution3 of the Court of The Regional Trial Court (RTC) dismissed15 the case because
Appeals (CA) in CAG.R. CV No. 94160. Melecio failed to establish his claim that Anastacio did not sell the
The Records Officer testified that he could not locate the property to the spouses Molina.
instrument that documents the transfer of the subject property
THE FACTS ownership from Anastacio to the spouses Molina. The Records
The RTC also held that Anastacio could dispose of conjugal
Officer also testified that the alleged sale was annotated at the time
property without Flora’s consent since the sale was necessary to
In June 15, 1951, the spouses Anastacio and Flora Domingo when Genaro Molina’s brother was the Register of Deeds for
answer for conjugal liabilities.
bought a property in Camiling, Tarlac, consisting of a onehalf Camiling, Tarlac.11
undivided portion over an 18, 164 square meter parcel of land. The
sale was annotated on the Original Certificate of Title (OCT) No. The RTC denied Melecio’s motion for reconsideration of the RTC
George, on the other hand, testified that he has been living on the
16354 covering the subject property. ruling. From this ruling, Melecio proceeded with his appeal to the
subject property owned by Anastacio since 1986. George testified,
CA.
however, that aside from himself, there were also four other
During his lifetime, Anastacio borrowed money from the occupants on the subject property, namely Jaime Garlitos, Linda
respondent spouses Genaro and Elena Molina (spouses Sicangco, Serafio Sicangco and Manuel Ramos.12 THE CA RULING
Molina). On September 10, 1978 or 10 years after Flora’s death 4,
Anastacio sold his interest over the land to the spouses Molina to The spouses Molina asserted that Anastacio surrendered the title to In a decision dated August 9, 2011, the CA affirmed the RTC
answer for his debts. The sale to the spouses Molina was annotated the subject property to answer for his debts and told the spouses ruling in toto.
at the OCT of the subject property.5 In 1986, Anastacio died.6 Molina that they already own half of the land. The spouses Molina
have been in possession of the subject property before the title was The CA held that Melecio failed to prove by preponderant
In May 19, 1995, the sale of Anastacio’s interest was registered registered under their names and have religiously paid the evidence that there was fraud in the conveyance of the property to
under Transfer Certificate of Title (TCT) No. 272967[[7 ]]and property’s real estate taxes. the spouses Molina. The CA gave credence to the OCT annotation
transferred the entire onehalf undivided portion of the land to the of the disputed property sale.
spouses Molina. The spouses Molina also asserted that Melecio knew of the
disputed sale since he accompanied Anastacio several times to The CA also held that Flora’s death is immaterial because
borrow money. The last loan was even used to pay for Melecio’s Anastacio only sold his rights, excluding Flora’s interest, over the
wedding. Finally, the spouses Molina asserted that Melecio built
86
lot to the spouses Molina.1âwphi1 The CA explained that "[t]here OUR RULING disposition or encumbrance of the conjugal property prior to the
is no prohibition against the sale by the widower of real property conjugal partnership liquidation, to quote:
formerly belonging to the conjugal partnership of gains"16. We deny the petition.
Article 130. Upon the termination of the marriage by death, the
Finally, the CA held that Melecio’s action has prescribed. conjugal partnership property shall be liquidated in the same
It is well settled that when the trial court’s factual findings have
According to the CA, Melecio failed to file the action within one proceeding for the settlement of the estate of the deceased.
been affirmed by the CA, the findings are generally conclusive and
year after entry of the decree of registration. binding upon the Court and may no longer be reviewed on Rule 45
petitions.19 While there are exceptions20 to this rule, the Court finds If no judicial settlement proceeding is instituted, the surviving
Melecio filed a motion for reconsideration of the CA Decision. no applicable exception with respect to the lower courts’ finding spouse shall liquidate the conjugal partnership property either
The CA denied Melecio’s motion for reconsideration for lack of that the subject property was Anastacio and Flora’s conjugal judicially or extrajudicially within one year from the death of the
merit.17 property. Records before the Court show that the parties did not deceased spouse. If upon the lapse of the six month period no
dispute the conjugal nature of the property. liquidation is made, any disposition or encumbrance involving
THE PETITION the conjugal partnership property of the terminated marriage
Melecio argues that the sale of the disputed property to the spouses shall be void. x x x (emphases supplied)
Melecio filed the present petition for review on certiorari to Molina is void without Flora’s consent.
challenge the CA ruling. While Article 130 of the Family Code provides that any disposition
We do not find Melecio’s argument meritorious. involving the conjugal property without prior liquidation of the
Melecio principally argues that the sale of land belonging to the partnership shall be void, this rule does not apply since the
conjugal partnership without the wife’s consent is invalid. Anastacio and Flora’s conjugal partnership was dissolved upon provisions of the Family Code shall be "without prejudice to
Flora’s death. vested rights already acquired in accordance with the Civil Code or
Melecio also claims that fraud attended the conveyance of the other laws."23
subject property and the absence of any document evidencing the There is no dispute that Anastacio and Flora Domingo married
alleged sale made the transfer null and void. Finally, Melecio before the Family Code’s effectivity on August 3, 1988 and their An implied coownership among Flora’s heirs governed the
claims that the action has not yet prescribed. property relation is a conjugal partnership.21 conjugal properties pending liquidation and partition.
The respondents, on the other hand, submitted and adopted their Conjugal partnership of gains established before and after the In the case of Taningco v. Register of Deeds of Laguna,24 we held
arguments in their Appeal Brief18. effectivity of the Family Code are governed by the rules found in that the properties of a dissolved conjugal partnership fall under
Chapter 4 (Conjugal Partnership of Gains) of Title IV (Property the regime of coownership among the surviving spouse and the
Relations Between Husband and Wife) of the Family Code. This is heirs of the deceased
First, Melecio’s counsel admitted that Anastacio had given the lot
title in payment of the debt amounting to Php30,000.00. The clear from Article 105 of the Family Code which states:
delivery of the title is constructive delivery of the lot itself based spouse until final liquidation and partition. The surviving spouse,
on Article 1498, paragraph 2 of the Civil Code. x x x The provisions of this Chapter shall also apply to conjugal however, has an actual and vested onehalf undivided share of the
partnerships of gains already established between spouses before properties, which does not consist of determinate and segregated
the effectivity of this Code, without prejudice to vested rights properties until liquidation
Second, the constructive delivery of the title coupled with the
spouses Molina’s exercise of attributes of ownership over the already acquired in accordance with the Civil Code or other laws,
subject property, perfected the sale and completed the transfer of as provided in Article 256. and partition of the conjugal partnership.
ownership.
The conjugal partnership of Anastacio and Flora was dissolved An implied ordinary coownership ensued among Flora’s surviving
THE ISSUES when Flora died in 1968, pursuant to Article 175 (1) of the Civil heirs, including Anastacio, with respect to Flora’s share of the
Code22 (now Article 126 (1) of the Family Code). conjugal partnership until final liquidation and partition;
Anastacio, on the other hand, owns onehalf of the original
The core issues of the petition are as follows: (1) whether the sale
conjugal partnership properties as his share, but this is an
of a conjugal property to the spouses Molina without Flora’s Article 130 of the Family Code requires the liquidation of the
undivided interest.
consent is valid and legal; and (2) whether fraud attended the conjugal partnership upon death of a spouse and prohibits any
transfer of the subject property to the spouses Molina.
87
Article 493 of the Civil Code on coownership provides: the coheirs after liquidation and partition. The observations of The CA and RTC conclusion that there is no fraud in the sale is
Justice Paras cited in the case of Heirs of Protacio Go, Sr. V. supported by the evidence on record.
Article 493. Each coowner shall have the full ownership of his Servacio27 are instructive:
part and of the fruits and benefits pertaining thereto, and Melecio' s argument that no document was executed for the sale is
he may therefore alienate, assign or mortgage it, and even x x x [I]f it turns out that the property alienated or mortgaged negated by the CA finding that there was a notarized deed of
substitute another person in its enjoyment, except when personal really would pertain to the share of the surviving spouse, then said conveyance executed between Anastacio and the spouses Molina,
rights are involved. But the effect of the alienation or the transaction is valid. If it turns out that there really would be, after as annotated on the OCT of the disputed property.
mortgage, with respect to the coowners, shall be limited to the liquidation, no more conjugal assets then the whole transaction is
portion which may be allotted to him in the division upon the null and void. But if it turns out that half of the property thus Furthermore, Melecio's belief that Anastacio could not have sold
alienated or mortgaged belongs to the husband as his share in the the property without his knowledge cannot be considered as proof
termination of the coownership. (399) (emphases supplied)
conjugal partnership, and half should go to the estate of the wife, of fraud to invalidate the spouses Molina's registered title over the
then that corresponding to the husband is valid, and that subject property.30
Thus, Anastacio, as coowner, cannot claim title to any specific corresponding to the other is not. Since all these can be determined
portion of the conjugal properties without an actual partition being only at the time the liquidation is over, it follows logically that a
first done either by agreement or by judicial decree. Nonetheless, Prevailing jurisprudence uniformly holds that findings of facts of
disposal made by the surviving spouse is not void ab initio. Thus, it
Anastacio had the right to freely sell and dispose of his undivided the trial court, particularly when affirmed by the Court of Appeals,
has been held that the sale of conjugal properties cannot be made
interest in the subject property. are binding upon t his court. 31
by the surviving spouse without the legal requirements. The sale is
void as to the share of the deceased spouse (except of course as to
The spouses Molina became coowners of the subject property to that portion of the husband’s share inherited by her as the Considering these findings, we find no need to discuss the other
the extent of Anastacio’s interest. surviving spouse). The buyers of the property that could not be issues raised by Melecio.
validly sold become trustees of said portion for the benefit of the
The OCT annotation of the sale to the spouses Molina reads husband’s other heirs, the cestui que trust ent. Said heirs shall not WHEREFORE, we hereby DENY the petition for review
that "[o]nly the rights, interests and participation of Anastacio be barred by prescription or by laches. on certiorari. The decision dated August 9, 2011 of the Court of
Domingo, married to Flora Dela Cruz, is hereby sold, transferred, Appeals in CAG.R. CV No. 94160 is AFFIRMED.
and conveyed unto the said vendees for the sum of ONE Melecio’s recourse as a coowner of the conjugal properties,
THOUSAND PESOS (P1,000.00) which pertains to an including the subject property, is an action for partition under Rule SO ORDERED.
undivided onehalf (1/2) portion and subject to all other 69 of the Revised Rules of Court. As held in the case of Heirs of
conditions specified in the document x x x"25 (emphases supplied). Protacio Go, Sr., "it is now settled that the appropriate recourse of
ARTURO D. BRION
At the time of the sale, Anastacio’s undivided interest in the coowners in cases where their consent were not secured in a sale
Associate Justice
conjugal properties consisted of: (1) onehalf of the entire conjugal of the entire property as well as in a sale merely of the undivided
properties; and (2) his share as Flora’s heir on the conjugal shares of some of the coowners is an action for PARTITION
properties. under Rule 69 of the Revised Rules of Court."28
Anastacio, as a coowner, had the right to freely sell and dispose of The sale of the subject property to the spouses Molina was not
his undivided interest, but not the interest of his coowners. attended with fraud.
Consequently, Anastactio’s sale to the spouses Molina without the
consent of the other coowners was not totally void, for On the issue of fraud, the lower courts found that there was no
Anastacio’s rights or a portion thereof were thereby effectively fraud in the sale of the disputed property to the spouses Molina.
transferred, making the spouses Molina a coowner of the subject
property to the extent of Anastacio’s interest. This result conforms The issue of fraud would require the Court to inquire into the
with the wellestablished principle that the binding force of a weight of evidentiary matters to determine the merits of the
contract must be recognized as far as it is legally possible to do so petition and is essentially factual in nature. It is basic that factual
(quando res non valet ut ago, valeat quantum valere potest).26 questions cannot be cannot be entertained in a Rule 45 petition,
unless it falls under any of the recognized exceptions 29 found in
The spouses Molina would be a trustee for the benefit of the co jurisprudence. The present petition does not show that it falls under
heirs of Anastacio in respect of any portion that might belong to any of the exceptions allowing factual review.
88
89
Republic of the Philippines alleged therein that, as of June 1998, Rafael was already bound to The MTCC found that after Vipa’s death in 1994 until 1998m
SUPREME COURT pay rent at the amount of P3,300.00 per month and that his last Rafael was paying the rent for the lease of the subject property to
Baguio City payment was made in May 1998. Accordingly, at the time of the Grace Joy. That the real reason why Patria claimed to be the heir of
filing of the Complaint, Rafael's unpaid rents amounted to P271, Vipa is because she owed Rafael money which she could not pay.
THIRD DIVISION
150.00. 10 The Estate of Vipa claimed that despite repeated Patria then charged the debt she owes to Rafael from the monthly
G.R. No. 200612 April 05, 2017 demands, Rafael refused to pay the rents due. rent of the subject property, an arrangement that Rafael took
advantage to avoid paying Grace Joy the monthly rents. The
In his Answer, Rafael denied that he refused to pay the rent for the
MTCC further opined that the consignations made by Rafael in the
RAFAEL C. UY (CABANGBANG STORE), Petitioner, lease of the subject property. He claimed that sometime in June
total amount of Pl6,000.00 are not valid since there was no prior
vs. 1998 Patria FernandezCuenca (Patria), Vipa's sister, demanded for
tender of payment.
ESTATE OF VIPA FERNANDEZ, Respondent. the payment of the rents, claiming that she is the rightful heir of
Vipa. Since he had no idea on who is entitled to receive the rent for On appeal, the RTC, in its Decision dated April 15, 2009, reversed
the subject prope1iy, he deposited ∙ the amount of Pl 0,000.00 with the MTCC's Decision dated June 12, 2008 and, thus, dismissed the
D E C I S I O N
the Office of the Clerk of Court of the Regional Trial Court (RTC) complaint for unlawful detainer filed by the Estate of Vipa. Thus:
of Iloilo City on November 20, 1998 and that Grace Joy was
REYES, J.: informed of such consignation. He claimed that a case for the. WHEREFORE, premises considered, the Decision appealed
settlement of the Estate of Vi pa was instituted by Patria with the R from is REVERSED and SET ASIDE; and herein complaint
This is a Petition for Review on Certiorari1 under Rule 45 of the TC, which was docketed as Special Proceeding No. 6910. He is hereby DISMISSED for lack of merit; and further
Rules of Court seeking to annul and set aside the Decision dated ave1Ted that he is willing to pay the rent on the leased prope1iy to DISMISSING [Rafael’s] counterclaim for failure to
November 26, 2010 and Resolution3 dated January 24, 2012 the rightful heirs of Vipa and that he made another consignation substantiate the same.
issued by the Court of Appeals (CA) in CAG.R. SP No. 04481. with the RTC in the amount of P 6,000.00.
On June 12, 2008, the MTCC rendered a Decision, the decretal SO ORDERED.
Facts portion of which reads:
The RTC opined that Grace Joy was actually the plaintiff in the
Vipa Fernandez Lahaylahay (Vipa) is the registered owner of a WHEREFORE, in the light of the foregoing ratiocination, case and not the Estate of Vipa. It then pointed out that Grace Joy
parcel of land situated in Lopez Jaena Street, Jaro, Iloilo City judgment is hereby rendered in favor of the [Estate of Vipa] failed to bring the dispute to the barangay for conciliation prior to
covered by Transfer Ce1iificate of Title No. T~26576 (subject and against [Rafael], ordering the latter to wit: filing the complaint for unlawful detainer.
property). Vipa and her husband, Levi Lahaylahay (Levi), have
The RTC further held that the MTCC erred in including the ∙ entire
two children Grace Joy Somosierra (Grace Joy) and Jill Frances
1. To vacate the premises subject of this case and subject property as part of the Estate of Vipa. The RTC explained
Lahaylahay (Jill Frances).
covered by TCT No. T26576 and to peacefully that the subject property was acquired .by Vipa during. the
turn over the possession of the same to the [Estate subsistence of her marriage with Levi and, as such, is part of their
Sometime in 1990, a contract of lease was executed between Vipa of Vipa]; conjugal prope1iies. That after Vipa's death, the conjugal
and Rafael Uy (Rafael) over the subject property and the 2. To pay the [Estate of Vipa] the amount of Php partnership was terminated, entitling Levi to onehalf of the
improvements thereon, pursuant to which, Rafael bound himself to 271,150.00 as payment for the unpaid rentals with property. The RTC then pointed out that Levi sold his share in the
pay Vipa, as consideration for the lease of the property, the amount 12% interest per annum from the last demand on subject property to Rafael, as evidenced by a Deed of Sale2dated
of P'.3,000.00 per month, with a provision for a 10% increase May 3, 2003 until the whole amount is paid; December 29, 2005. Accordingly, the RTC ruled that Rafael, as
every year thereafter. 3. To pay the [Estate of Vipa] the amount of Php coowner of the subject property, having bought Levi's onehalf
3,000.00 per month with 12% interest per annum share thereof, had the right to possess the same.
On March 5, 1994, Vipa died leaving no will or testament for the use and occupancy of the premises
computed from the date of the filing of this case on The Estate of Vipa sought a reconsideration of the Decision dated
whatsoever. Grace Joy became the de facto administrator of the
June, 2003 until fully paid; April 15, 2009, but it was denied by the RTC in its Order dated
estate of Vipa. After Vipa's death, Levi lived in Aklan.
4. To pay the [Estate of Vipa] attorney’s fees in the July, 28, 2009.
In June 1998, Rafael stopped paying the monthly re11.ts.8 amount of Php 20,000.00; and The Estate of Vipa then filed a Petition for Review with the CA.
Consequently, on June 12, 2003, the Estate of Vipa, through Grace 5. To pay the costs of suit. On November 26, 2010, the CA rendered a Decision, which
Joy, filed a cmnplaint9 for unlawful detainer with the Municipal
declared:
Trial Court in Cities (MTCC) of Iloilo City against Rafael. It was
SO ORDERED.
90
WHEREFORE, in view of all the foregoing, the instant On the other hand, the Estate of Vi pa, in its Comment, avers that parties to barangay conciliation proceedings either as complainants
petition for review is GRANTED and the April 15, 2009 the supposed lack of authority of Grace Joy to file the complaint or respondents. Complaints by or against corporations,
Decision of the court a quo in Civil Case No. 0829842 is for unlawful detainer and the ownership of the subject property partnerships or other juridical entities may not be filed with,
herebt REVERSED and SET ASIDE. Accordingly, the June were never raised in the proceedings before the MTCC and, hence, received or acted upon by the barangay for conciliation. The Estate
12, 2008 Decision of the Municipal Trial Court, Branch 4, could not be passed upon by the RTC in the appellate proceedings. of Vipa, which is the complainant below, is a juridical entity that
Iloilo City, in Civil Case No. 03208 is hereby In any case, it pointed out that the RTC's Decision dated October has a personality, which is separate and distinct from that of Grace
REINSTATED. 28, 2005 in Special Proceedings No. 6910, which appointed Grace Joy. Thus, there is no necessity to bring the dispute to the barangay
Joy as 'the administrator of the intestate estate of Vipa, recognized for conciliation prior to filing of the complaint for unlawful
that the latter and Jill Frances are legitimate children of Vipa and detainer with the MTCC.
SO ORDERED.
Levi.
The CA, nevertheless, erred in hastily dismissing Rafael's
The CA held that there was no necessity to bring the dispute before allegation as regards the ownership of the subject property. In
Issue disregarding Rafael's claim that he owns Levi's onehalf undivided
the barangay for conciliation since the Estate of Vipa, being a
juridical person, cannot be impleaded to a barangay conciliation share in the subject property, the CA ruled that the said issue was
proceeding. The CA likewise pointed out that any allegations Essentially, the issue set forth for the Court’s resolution is whether raised for the first time on appeal and should thus not have been
against Grace Joy's authority to represent the Estate of Vipa had the CA erred in reversing the RTC’s Decision dated April 15, considered by the R TC, viz.:
been laid to rest when she was appointed as administrator of the 2009.
Estate of Vipa in Special Proceedings No. 6910 pending before the On the second issue, the records show that [Rafael] raised
RTC. Ruling of the Court the issue of ownership only for the first time on appeal;
hence, the [RTC] erred in deciding the appeal before it on
Further, the CA held that Rafael raised the issue of ownership of
the findings that part of the subject premises is owned by
the subject property, i.e., Levi's sale of his onehalf share in the The petition is partly meritorious.
petitioners, allegedly having bought the same from [Levi],
subject property to Rafael, only for the first time in his appeal with
the husband of [Vipa].
the RTC. Accordingly, it was error on the part of the RTC to have Rafael’s claim that the complaint below should have been
resolved the issue of ownership of the subject property.33 dismissed since Grace Joy has no authority to represent the Estate
Furthermore, the CA agreed with the MTCC that Rafael's The Court is not unmindful that in forcible et1try and
of Vipa and that there was lack of prior barangay conciliation is
consignation of the rent to the RTC is ineffective. It ruled that unlawful ∙detainer cases, the MTC may rule on the issue [of]
untenable. Unlawful detainer cases are covered by the Rules on
Rafael made the consignation only twice and the amount ownership in order to determine the issue of possession.
Summary Procedure Section 5 of the 1991 Revised Rules on
consigned was patently insignificant compared to the amount of However, the issue of ownership must be raised by the
Summary Procedure provides that affirmative and negative
rent due. defendant on the earliest opportunity; otherwise, it is
defenses not pleaded in the answer shall be deemed waived, except
already deemed waived. Moreover, the instant case was
lack of jurisdiction over the subject matter.
covered by the Rules on Summary Procedure, which
Rafael's motion for reconsideration was denied by the CA in its
expressly provide that affirmative and negative defenses not
Resolution dated January 24, 2012. Rafael failed to plead in the answer he filed with the MTCC that pleaded therein shall be deemed waived, except for lack of
Grace Joy has no authority to represent the Estate of Vipa. Neither jurisdiction over the subject matter. Thus, the [RTC] erred
Hence, the instant petition. did he raise therein the lack of barangay conciliation between the in resolving the issue of ownership for the first time on
parties herein prior to the filing of the complaint for unlawful appeal. (Citations omitted)
Rafael maintains that Grace Joy has no authority to tepresent the detainer. Accordingly, the foregoing defenses are already deemed
Estate of Vipa and, when she filed the complaint for unlawful waived.
It is true that fair play, justice, and due process dictate that parties
detainer with the MTCC, she did so in her personal capacity. Thus, In any case, the issue of the supposed lack of authority of Grace should not raise for the first time on appeal issues that they could
Rafael claims that the dispute should have been brought to the Joy to represent the Estate of Vi pa had already been rendered have raised but never did during trial. However, before a partly
barangay for conciliation before the complaint was filed in the moot with the RTC's appointment of Grace Joy as the may be barred from ∙ raising an issue for the first time on appeal, it
MTCC. He further claims that the CA erred in reversing the RTC's administrator of the Estate of Vipa in Special Proceedings No. is imperative that the issue could have been raised during the trial.
ruling on the issue of ownership of the subject property. He insists 6910. What escaped the appellate co mi's attention is that the sale of the
that he already purchased Levi's onehalf share in the subject onehalf undivided share in the subject property to Rafael was
property. Also, there was no need to refer the dispute between the parties
consummated only on December 29, 2005, more than two years
herein to the barangay for conciliation pursuant to the Katarungang
after Rafael filed with the MTCC his answer to the complaint for
Pambarangay Law. It bears stressing that only individuals may be
unlawful detainer on July 18, 2003. Obviously, Rafael could not
91
have raised his acquisition of Levi's share in the subject property as Article 130 of the Family Code is applicable to conjugal or mortgage it, and even substitute another person in its
an affirmative defense in the answer he filed with the MTCC. partnership of gains already established between the spouses prior enjoyment, except when personal rights are involved.
to the effectivity of ∙ the Family Code pursuant to Article 105 But the effect of the alienation or the mortgage, with
Moreover, Rafael's ownership of the onehalf undivided∙ share in
thereof, viz.: respect to the coowners, shall be limited to the portion
the subject prope1iy would necessarily affect the property relations
which may be allotted to him in the division upon the
between the parties herein. Thus, the CA should have exerted
Article 105. In case the future spouses agree in the marriage termination of the coownership. (Emphasis ours)
efforts to resolve the said issue instead of dismissing the same on
the flimsy ground that it was not raised during the proceedings settlements that the regime of conjugal partnership of gains Although Levi became a coowner of the conjugal partnership
before the MTCC. shall govern their property relations during marriage, the properties with Grace Joy and Jill Frances, he could not yet assert
provisions in this Chapter shall be of supplementary or claim title to any specific portion thereof without an actual
Levi and Vipa were married on March 24, 196148 and, in the application. partition of the property being first done either by agreement or by
absence of a marriage settlement, the system of conjugal
judicial decree. Before the partition of a land or thing held in
partnership of gains governs their property relations. It is presumed
The provisions of this Chapter shall also apply to conjugal common, no individual or coowner can claim title to any definite
that the subject property is part of the conjugal properties of Vipa
partnerships of gains already established between spouses portion thereof. All that the coowner has is an ideal or abstract
and Levi considering that the same was acquired during the
before the effectivity of this Code, without prejudice to quota or proportionate share in the entire land or thing.
subsistence of their marriage and there being no proof to the
vested rights already acquired in accordance with the Civil
contrary. Nevertheless, a coowner could sell his undivided share; hence,
Code or other laws as provided in Article 256. (Emphasis
Levi had the right to freely sell and dispose of his undivided
When Vipa died on March 5, 1994, the conjugal partnership was ours)
interest. Thus, the sale by Levi of his onehalf undivided share in
automatically terminated. Under Article 130 of the Family Code,
the subject property was not necessarily void, for his right as a co
the conjugal partnership property, upon its dissolution due to the Rafael bought Levi's onehalf share in the subject property in owner thereof was effectively transferred, making the buyer,
death of either spouse, should be liquidated either in the same consideration of P500,000.00 as evidenced by the Deed of Sale Rafael, a coowner of the subject prope1iy. It must be stressed that
proceeding for the settlement of the estate of the deceased or, in dated December 29, 2005. At that time, the conjugal partnership the binding force of a contract must be recognized as far as it is
the absence thereof, by the surviving spouse within one year from properties of Levi and Vipa were not yet liquidated. However, such legally possible to do so (quando res non valet ut ago, valeat
the death of the deceased spouse. That absent any liquidation, any disposition, notwithstanding the absence of liquidation of the quantum valere potest).
disposition or encumbrance of the conjugal partnership property is conjugal partnership properties, is not necessarily void.
void. Thus: However, Rafael became a coowner of the subject property only
It bears stressing that under the regime of conjugal partnership of on December 29, 2005 the time when Levi sold his onehalf
gains, the husband and wife are coowners of all the property of undivided share over the subject prope1iy to the former. Thus,
Article 130. Upon the termination of the marriage by death,
the conjugal partnership. 53 Thus, upon the termination of the from December 29, 2005 Rafael, as a coowner, has the right to
the conjugal partnership property shall be liquidated in the
conjugal partnership of gains due to the death of either spouse, the possess the subject prope1iy as. an incident of ownership.
same proceeding for the settlement of the estate of the
surviving spouse has an actual and vested onehalf undivided share Otherwise stated, prior to his acquisition of Levi's onehalf
deceased.
of the properties, which does not consist of deten11inate and undivided share, Rafael was a mere lessee of the subject property
segregated properties until liquidation and partition of the conjugal and is thus obliged to pay the rent for his possession thereof.
If no judicial settlement proceeding is∙ instituted, the partnership. With respect, however, to the deceased spouse's share
surviving spouse shall liquidate the conjugal partnership in the conjugal partnership prope1iies, an implied ordinary co Accordingly, Rafael could no longer be directed to vacate the
property either judicially or extrajudicially within six ownership ensues among the surviving spouse and the other heirs subject property since he is already a coowner thereof.
months from the death of the deceased spouse. If upon of the deceased. Neve1iheless, Rafael is still bound to pay the unpaid rentals from
June 1998 until April 2003 in∙ the amount of P271,150.00. In
the lapse of the sixmonth period no liquidation is made, Thus, upon Vipa's death, onehalf of the subject property was Nacar v. Gallery Frames, et al.,58 the Comi pointed out that
any disposition or encumbrance involving the conjugal automatically reserved in favor of the surviving spouse, Levi, as pursuant to Resolution No. 796 of the Bangko Sentral ng Pilipinas
partnership property of the terminated marriage shall his share in the conjugal partnership. The other half, which is Monetary Board, the interest rate ofloans or forbearance of money,
be void. Vipa's share, was ∙ transmitted to Vipa's heirs Grace Joy, Jill in the absence of stipulation shall be six percent (6%) effective
Frances, and her husband Levi, who is entitled to the same share as only from July 1, 2013. Thus, prior to July 1, 2013, the rate of
Should the surviving spouse contract a subsequent marriage that of a legitimate child. The ensuing implied coownership is interest on loans or forbearance of money, in the absence of
without compliance with the foregoing requirements, a governed by Article 493 of the Civil Code, which provides: stipulation, is still 12%. Accordingly, the amount of P271,150.00,
mandatory regime of complete separation of property shall Article 493. Each coowner shall have the full representing the unpaid rentals shall earn interest at the rates of
govern the property relations of the subsequent marriage. ownership of his part and of the fruits and benefits 12% per annum from the date of the last ∙ demand on May 3, 2003
(Emphasis ours) pertaining thereto, and he may therefore alienate, assign
92
until June 30, 2013 and 6% per annum from July 1, 2013 until for unlawful detainer on June 12, 2003, until June30,
fully paid. 2013, and six percent (6%) per annum from July 1,
2013 until fully paid; and
Further, Rafael is likewise bound to pay reasonable rent for the use
3. The amount of P20,000.00 as attorney's fees.
and occupancy of the subject prope1iy from May 2003 until
December 28, 2005 at the rate of P3,000.00 per month with interest
at the rate of 12% per annum from the date of the last demand, i.e., SO ORDERED.
the filing of the complaint with the MTCC on June 12, 2003, until
June 30, 2013 and 6% per annum from July 1, 2013 until fully BIENVENIDO L. REYES
paid.
Associate Justice
The award of attorney's fees of P20,000.00 is likewise proper.
Attorney's fees can be awarded in the cases enumerated in Article
2208 of the Civil Code, specifically:
Article 2208. xx x
xx xx (2) Where the defendant's act or omission has
compelled the plaintiff to litigate with third persons or
to incur expenses to protect his interest.
Certainly, because of Rafael's unjustified refusal to pay the rents
due on the lease of the subject property, the Estate of Vipa was put
to unnecessary expense and trouble to protect its interest under
paragraph (2), Article 2208 of the Civil Code. In unlawful detainer
cases, where attorney's fees are awarded, the same shall not exceed
P20,000.00.
The Facts RTC Ruling
Upon learning of the foregoing events, Juan executed an Affidavit
of Adverse Claim which was annotated on TCT No. 004
The instant case arose from a complaint for annulment of title with In its October 16, 2015 Decision, the RTC found that Juan's
2011003320 on July 15, 2011, to wit:
damages filed by respondent Juan Cruz Tolentino (Juan) against signature in the Deed of Donation dated Februaru 15, 2011 was a
his wife, Mercedes Tolentino (Mercedes), his grandson, Kristoff forgery. 20 Despite such finding, however, it dismissed Juan's
NOTICE OF ADVERSE CLAIM : EXECUTED UNDER OATH complaint.
M. Tolentino (Kristoff), herein petitioners Spouses Julieta B.
BY JUAN C. TOLENTINO, CLAIMING FOR THE RIGHTS,
Carlos (Julieta) and Fernando P. Carlos (Spouses Carlos), and the
INTEREST AND PARTICIPATION OVER THE PROPERTY,
Register of Deeds of Quezon City. The R TC found that at the time Spouses Carlos fully paid the
STATING AMONG OTHERS THAT HE DISCOVERED ON
agreed price in the MOA on June 30, 2011, which culminated in
JULY 14, 2011 THAT SAID PARCEL OF LAND HAS BEEN
The subject matter of the action is a parcel of land with an area of the execution of the Deed of Absolute Sale on even date, Kristoff
DONATED TO KRISTOFF M. TOLENTINO BY VIRTUE OF A
1,000 square meters and all the improvements thereon located in was the registered owner of the subject property covered by TCT
DEED OF DONATION PU[R]PORTEDL Y EXECUTED BY
Novaliches,5 Quezon City, covered by Transfer Certificate of Title No. 0042011003320. Further, when the MOA and the Deed of
JUAN C. TOLENTINO & MERCEDES SERRANO ONFEB. 15,
(TCT) No. RT90746 (116229) issued on March 17, 1967 and Absolute Sale dated June 30, 2011 were executed, nothing was
2011. THAT AS A RESULT OF THE FORGED DEED OF
registered in the name of Juan C. Tolentino, married to Mercedes annotated on the said title to indicate the adverse claim of Juan or
DONATION, HIS TITLE WAS CANCELLED. THAT HE
Tolentino (the subject property). 6 any other person. It was only on July 15, 2011 when Juan's adverse
DECLARE THAT HE HA VE NOT SIGNED ANY DEED OF
claim was annotated on Kristoff's title.21
94
The fact that a second Deed of Absolute Sale dated September 12, and the latter to surrender possession of the subject property to The Court's Ruling
2011 was executed is immaterial since the actual sale of the subject Juan Cruz Tolentino.
property took place on June 30, 2011 when Spouses Carlos fully The present controversy necessitates an inquiry into the facts.
paid the purchase price. Thus, relying on the face of Kristoff s title SO ORDERED.24 While, as a general rule, factual issues are not within the province
without any knowledge of irregularity in the issuance thereof and of this Court, nonetheless, in light of the conflicting factual
having paid a fair and full price of the subject property before they findings of the two courts below, an examination of the facts
Spouses Carlos then filed a motion for reconsideration but the
could be charged with knowledge of Juan's adverse claim, the RTC obtaining in this case is in order. 26
same was denied by the CA in its September 27, 2017 Resolution.
upheld Spouses Carlos' right over the subject property. The
dispositive portion of the October 16, 2015 Decision states:
Hence, the instant petition. Juan and Mercedes appear to have been married before the
effectivity of the Family Code on August 3, 1988. There being no
WHEREFORE, viewed in the light of the foregoing, the instant indication that they have adopted a different property regime, the
complaint for Annulment of Title and Damages against the The Issue
presumption is that their property relations is governed by the
defendant spouses Fernando and Julieta Carlos is hereby regime of conjugal partnership of gains. 27 Article 119 of the Civil
DISMISSED for failure of the plaintiff to prove his cause of Spouses Carlos anchor their plea for the reversal of the assailed Code thus provides:
action. This is without prejudice, however to any appropriate Decision on the following grounds: 25
remedy the plaintiff may take against Kristoff Tolentino and
Article 119. The future spouses may in the marriage settlements
Mercedes Tolentino.
The Court of Appeals acted injudiciously, and with grievous abuse agree upon absolute or relative community of property, or upon
of discretion in the appreciation of facts and in disregard of complete separation of property, or upon any other regime. In the
The defendant spouses' counterclaim is DISMISSED for lack of jurisprudence, when it granted respondent's appeal, and thereby absence of marriage settlements, or when the same are void, the
merit. arbitrarily and despotically ratiocinated that system of relative community or conjugal partnership of gains as
established in this Code, shall govern the property relations
SO ORDERED.22 I. Petitioners are not buyers in good faith of the litigated real between husband and wife.
property, but who are otherwise devoid of notice let alone
Juan moved for reconsideration of the said decision but was denied knowledge of any flaw or infirmity in the title of the person selling Likewise, the Family Code contains terms governing conjugal
by the R TC in its December 9, 2015 Order. Thus, he interposed an the property at the time of purchase. partnership of gains that supersede the terms of the conjugal
appeal before the CA. partnership of gains under the Civil Code. Article 105 of the
II. Petitioners are not purchasers in good faith, on the basis of the Family Code states:
CA Ruling Memorandum of Agreement dated April 12, 2011 and the Deed of
Absolute Sale dated June 30, 2011. Article 105. In case the future spouses agree in the marriage
On appeal, the CA found that Spouses Carlos were negligent in not settlements that the regime of conjugal partnership of gains shall
taking the necessary steps to determine the status of the subject III. Respondent Juan Cruz Tolentino was the previous registered govern their property relations during marriage, the provisions in
property prior to their purchase thereof. It stressed that Julieta owner of the land in dispute, thereby acting on oblivion to the fact this Chapter shall be of supplementary application.
failed to examine Kristoff s title and other documents before the that the real property is essentially conjugal in nature.
sale as she merely relied on her brother, Felix. 23 Accordingly, the The provisions of this Chapter shall also apply to conjugal
CA ruled that Juan has a better right over the subject property. IV. In failing to rule and rationalize that at least onehalf of the partnerships of gains already established between spouses before
The fallo of the April 5, 2017 Decision reads: subject real property should belong to petitioners. the effectivity of this Code, without prejudice to vested rights
already acquired in accordance with the Civil Code or other laws,
WHEREFORE, the appeal is GRANTED. The appealed as provided in Article 256.
V. The litigated property must be awarded and returned m favour
Decision of the RTC of Quezon City dated October 16, 2015 is of respondent Juan Cruz Tolentino in its entirety.
hereby REVERSED and SET ASIDE. Accordingly, plaintiff Since the subject property was acquired on March 17,
appellant Juan Cruz Tolentino is recognized to have a better right 196728 during the marriage of Juan and Mercedes, it formed part of
At bottom, the crux of the controversy is who, between Juan and
over the subject property. The Register of Deeds of Quezon City their conjugal partnership. 29 It follows then that Juan and
Spouses Carlos, has the better to right to claim ownership over the
is ORDERED to reinstate TCT No. RT90746 (116229) in the Mercedes are the absolute owners of their undivided onehalf
subject property.
name of Juan Cruz Tolentino and to cancel TCT No. 004 interest, respectively, over the subject property.
2011013502 in the names of Spouses Julieta and Fernando Carlos,
95
Meanwhile, as in any other property relations between husband paid a valuable consideration in the amount of Two Million Three of the subject property is declared NULL and VOID with respect
and wife, the conjugal partnership is terminated upon the death of Hundred Thousand Pesos (P2,300,000.00) for the subject property to the undivided 1/2 portion owned by Juan Cruz Tolentino,
either of the spouses.30 In respondent Juan's Comment filed before before Juan's adverse claim was annotated on Kristoff s title. The but VALID with respect to the other undivided 1/2 portion
the Court, the Verification which he executed on February 9, 2018 said purchase and acquisition for valuable consideration deserves a belonging to Mercedes Tolentino. Accordingly, petitioners
states that he is already a widower. Hence, the Court takes due certain degree of legal protection. Spouses Carlos and respondent Juan Cruz Tolentino are hereby
notice of the fact of Mercedes' death which inevitably results in the declared as coowners of the subject property. The Register of
dissolution of the conjugal partnership. Given the foregoing, the Court is disinclined to rule that the Deed Deeds of Quezon City is ordered to cancel TCT No. 004
of Donation is wholly void ab initio and that the Spouses Carlos 2011013502 and to issue a new transfer certificate of title in the
In retrospect, as absolute owners of the subject property then should be totally stripped of their right over the subject property. In names of Julieta B. Carlos, married to Fernando P. Carlos, and
covered by TCT No. RT90746 (116229), Juan and Mercedes may consonance with justice and equity, We deem it proper to uphold Juan Cruz Tolentino on a 5050 undivided interest in the lot.
validly exercise rights of ownership by executing deeds which the validity of the Deed of Donation dated February 15, 2011 but
transfer title thereto such as, in this case, the Deed of Donation only to the extent of Mercedes' one half share in the subject We order Kristoff M. Tolentino to pay Spouses Carlos the amount
dated February 15, 2011 in favor of their grandson, Kristoff. property. And rightly so, because why invalidate Mercedes' of One Million One Hundred Fifty Thousand Pesos
disposition of her onehalf portion of the conjugal property that (P1,150,000.00) corresponding to onehalf of the amount paid by
With regard to Juan's consent to the aforestated donation, the will eventually be her share after the termination of the conjugal Spouses Carlos for the subject property, with legal interest at the
RTC, however, found that such was lacking since his signature partnership? It will practically be absurd, especially in the instant rate of 6% computed from the finality of this Decision.
therein was forged. Notably, the CA did not overturn such finding, case, since the conjugal partnership had already been terminated
and in fact, no longer touched upon the issue of forgery. On the upon Mercedes' death.
SO ORDERED.
other hand, it must be pointed out that the signature of Mercedes in
the Deed of Donation was never contested and is, therefore, Accordingly, the right of Kristoff, as donee, is limited only to the
PRESBITERO J. VELASCO, JR.
deemed admitted. onehalf undivided portion that Mercedes owned.1âwphi1 The
Associate Justice
Deed of Donation insofar as it covered the remaining onehalf
In Arrogante v. Deliarte,31 We ruled that a deed of sale of the undivided portion of the subject property is null and void, Juan not
subject lot therein executed by the Deliarte siblings in favor of having consented to the donation of his undivided half.
their brother, respondent Beethoven Deliarte (Beethoven), was
void for being a conveyance of future inheritance. Nonetheless, the Upon the foregoing perspective, Spouses Carlos' right, as vendees
provisions in the written agreement and the Deliarte siblings' in the subsequent sale of the subject property, is confined only to
signature thereon are equivalent to an express waiver of all their the onehalf undivided portion thereof. The other undivided half
rights and interests. Thus, the Court upheld the quieting of title in still belongs to Juan. As owners pro indiviso of a portion of the lot
favor of respondent Beethoven after finding that the deed of sale, in question, either Spouses Carlos or Juan may ask for the partition
albeit void, evidenced the consent and acquiescence of each of the lot and their property rights shall be limited to the portion
Deliarte sibling to said transaction. which may be allotted to them in the division upon the termination
of the coownership.35 This disposition is in line with the well
In the present case, while it has been settled that the congruence of established principle that the binding force of a contract must be
the wills of the spouses is essential for the valid disposition of recognized as far as it is legally possible to do soquando res non
conjugal property, 32 it cannot be ignored that Mercedes' consent to valet ut ago, valeat quantum vale re potest. 36
the disposition of her onehalf interest in the subject property
remained undisputed. It is apparent that Mercedes, during her Lastly, as a matter of fairness and in line with the principle that no
lifetime, relinquished all her rights thereon in favor of her person should unjustly enrich himself at the expense of
grandson, Kristoff. another, 37 Kristoff should be liable to reimburse Spouses Carlos of
the amount corresponding to onehalf of the purchase price of the
Furthermore, Mercedes' knowledge of and acquiescence to the subject property.
subsequent sale of the subject property to Spouses Carlos is
evidenced by her signature appearing in the MOA 33 dated April 12, WHEREFORE, in view of the foregoing, the petition
2011 and the Deed of Absolute Sale 34 dated September 12, 2011. is PARTIALLY GRANTED. The donation and subsequent sale
We are also mindful of the fact that Spouses Carlos had already
96
97
Republic of the Philippines the Regional Trial Court, Branch 3 of Nabunturan, Compostela x x x x
SUPREME COURT Valley, docketed as Civil Case No. 656, imputing psychological
Manila incapacity on the part of the petitioner. The said Compromise Agreement was given judicial imprimatur
by the respondent judge in the assailed Judgment On
THIRD DIVISION During the pretrial of the said case, petitioner and private Compromise Agreement, which was erroneously dated January 2,
respondent entered into a COMPROMISE AGREEMENT in the 2002.2
following terms, to wit:
G.R. NO. 155409 June 8, 2007
However, petitioner filed an Omnibus Motion dated January 15,
1. In partial settlement of the conjugal partnership of gains, the 2002, praying for the repudiation of the Compromise Agreement
VIRGILIO MAQUILAN, petitioner,
parties agree to the following: and the reconsideration of the Judgment on Compromise
vs.
Agreement by the respondent judge on the grounds that his
DITA MAQUILAN, respondent.
a. ₱500,000.00 of the money deposited in the bank jointly in the previous lawyer did not intelligently and judiciously apprise him of
name of the spouses shall be withdrawn and deposited in favor and the consequential effects of the Compromise Agreement.
D E C I S I O N in trust of their common child, Neil Maquilan, with the deposit in
the joint account of the parties. The respondent Judge in the assailed Order dated January 21,
AUSTRIAMARTINEZ, J.: 2002, denied the aforementioned Omnibus Motion.
The balance of such deposit, which presently stands at
Before the Court is a Petition for Review on Certiorari under Rule ₱1,318,043.36, shall be withdrawn and divided equally by the Displeased, petitioner filed a Motion for Reconsideration of the
45 of the Rules of Court assailing the Decision 1 dated August 30, parties;
aforesaid Order, but the same was denied in the assailed Order
2002 promulgated by the Court of Appeals (CA) in CAG.R. SP
dated February 7, 2002.3 (Emphasis supplied)
No. 69689, which affirmed the Judgment on Compromise b. The store that is now being occupied by the plaintiff shall be
Agreement dated January 2, 2002 of the Regional Trial Court allotted to her while the bodega shall be for the defendant. The
(RTC), Branch 3, Nabunturan, Compostela Valley, and the RTC The petitioner filed a Petition for Certiorari and Prohibition with
defendant shall be paid the sum of ₱50,000.00 as his share in the
Orders dated January 21, 2002 and February 7, 2002 (ORDERS) in the CA under Rule 65 of the Rules of Court claiming that the RTC
stocks of the store in full settlement thereof.
Civil Case No. 656. committed grave error and abuse of discretion amounting to lack or
excess of jurisdiction (1) in upholding the validity of the
The plaintiff shall be allowed to occupy the bodega until the time Compromise Agreement dated January 11, 2002; (2) when it held
The facts of the case, as found by the CA, are as follows: the owner of the lot on which it stands shall construct a building in its Order dated February 7, 2002 that the Compromise
thereon; Agreement was made within the coolingoff period; (3) when it
Herein petitioner and herein private respondent are spouses who denied petitioner’s Motion to Repudiate Compromise Agreement
once had a blissful married life and out of which were blessed to c. The motorcycles shall be divided between them such that the and to Reconsider Its Judgment on Compromise Agreement; and
have a son. However, their once sugar coated romance turned bitter Kawasaki shall be owned by the plaintiff while the Honda Dream (4) when it conducted the proceedings without the appearance and
when petitioner discovered that private respondent was having shall be for the defendant; participation of the Office of the Solicitor General and/or the
illicit sexual affair with her paramour, which thus, prompted the Provincial Prosecutor.4
petitioner to file a case of adultery against private respondent and
d. The passenger jeep shall be for the plaintiff who shall pay the
the latter’s paramour. Consequently, both the private respondent
defendant the sum of ₱75,000.00 as his share thereon and in full On August 30, 2002, the CA dismissed the Petition for lack of
and her paramour were convicted of the crime charged and were
settlement thereof; merit. The CA held that the conviction of the respondent of the
sentenced to suffer an imprisonment ranging from one (1) year,
crime of adultery does not ipso facto disqualify her from sharing in
eight (8) months, minimum of prision correccional as minimum
e. The house and lot shall be to the common child. the conjugal property, especially considering that she had only
penalty, to three (3) years, six (6) months and twenty one (21)
been sentenced with the penalty of prision correccional, a penalty
days, medium of prision correccional as maximum penalty.
that does not carry the accessory penalty of civil interdiction which
2. This settlement is only partial, i.e., without prejudice to the
deprives the person of the rights to manage her property and to
Thereafter, private respondent, through counsel, filed a Petition for litigation of other conjugal properties that have not been
dispose of such property inter vivos; that Articles 43 and 63 of the
Declaration of Nullity of Marriage, Dissolution and Liquidation of mentioned;
Family Code, which pertain to the effects of a nullified marriage
Conjugal Partnership of Gains and Damages on June 15, 2001 with and the effects of legal separation, respectively, do not apply,
98
considering, too, that the Petition for the Declaration of the Nullity WHETHER OF NOT A SPOUSE CONVICTED OF EITHER spouse, who was convicted of either adultery or concubinage, from
of Marriage filed by the respondent invoking Article 36 of the CONCUBINAGE OR ADULTERY, CAN STILL SHARE IN sharing in the conjugal property. Since the respondent was
Family Code has yet to be decided, and, hence, it is premature to THE CONJUGAL PARTNERSHIP; convicted of adultery, the petitioner argues that her share should be
apply Articles 43 and 63 of the Family Code; that, although forfeited in favor of the common child under Articles 43(2) 6 and
adultery is a ground for legal separation, nonetheless, Article 63 II 637 of the Family Code.
finds no application in the instant case since no petition to that
effect was filed by the petitioner against the respondent; that the To the petitioner, it is the clear intention of the law to disqualify
WHETHER OR NOT A COMPROMISE AGREEMENT
spouses voluntarily separated their property through their the spouse convicted of adultery from sharing in the conjugal
ENTERED INTO BY SPOUSES, ONE OF WHOM WAS
Compromise Agreement with court approval under Article 134 of property; and because the Compromise Agreement is void, it never
CONVICTED OF ADULTERY, GIVING THE CONVICTED
the Family Code; that the Compromise Agreement, which became final and executory.
SPOUSE A SHARE IN THE CONJUGAL PROPERTY, VALID
embodies the voluntary separation of property, is valid and binding
AND LEGAL;
in all respects because it had been voluntarily entered into by the
Moreover, the petitioner cites Article 20358 of the Civil Code and
parties; that, furthermore, even if it were true that the petitioner
III argues that since adultery is a ground for legal separation, the
was not duly informed by his previous counsel about the legal
Compromise Agreement is therefore void.
effects of the Compromise Agreement, this point is untenable since
the mistake or negligence of the lawyer binds his client, unless WHETHER OR NOT A JUDGMENT FOR ANNULMENT AND
such mistake or negligence amounts to gross negligence or LEGAL SEPARATION IS A PREREQUISITE BEFORE A These arguments are specious. The foregoing provisions of the law
deprivation of due process on the part of his client; that these SPOUSE CONVICTED OF EITHER CONCUBINAGE OR are inapplicable to the instant case.
exceptions are not present in the instant case; that the Compromise ADULTERY, BE DISQUALIFIED AND PROHIBITED FROM
Agreement was plainly worded and written in simple language, SHARING IN THE CONJUGAL PROPERTY; Article 43 of the Family Code refers to Article 42, to wit:
which a person of ordinary intelligence can discern the
consequences thereof, hence, petitioner’s claim that his consent IV Article 42. The subsequent marriage referred to in the preceding
was vitiated is highly incredible; that the Compromise Agreement Article9 shall be automatically terminated by the recording of the
was made during the existence of the marriage of the parties since affidavit of reappearance of the absent spouse, unless there is a
WHETHER OR NOT THE DISQUALIFICATION OF A
it was submitted during the pendency of the petition for declaration
CONVICTED SPOUSE OF ADULTERY FROM SHARING IN A judgment annulling the previous marriage or declaring it void ab
of nullity of marriage; that the application of Article 2035 of the
CONJUGAL PROPERTY, CONSTITUTES CIVIL initio.
Civil Code is misplaced; that the coolingoff period under Article
INTERDICTION.5
58 of the Family Code has no bearing on the validity of the
A sworn statement of the fact and circumstances of reappearance
Compromise Agreement; that the Compromise Agreement is not
The petitioner argues that the Compromise Agreement should not shall be recorded in the civil registry of the residence of the parties
contrary to law, morals, good customs, public order, and public
have been given judicial imprimatur since it is against law and to the subsequent marriage at the instance of any interested person,
policy; that this agreement may not be later disowned simply
public policy; that the proceedings where it was approved is null with due notice to the spouses of the subsequent marriage and
because of a change of mind; that the presence of the Solicitor
and void, there being no appearance and participation of the without prejudice to the fact of reappearance being judicially
General or his deputy is not indispensable to the execution and
Solicitor General or the Provincial Prosecutor; that it was timely determined in case such fact is disputed.
validity of the Compromise Agreement, since the purpose of his
presence is to curtail any collusion between the parties and to see repudiated; and that the respondent, having been convicted of
to it that evidence is not fabricated, and, with this in mind, nothing adultery, is therefore disqualified from sharing in the conjugal where a subsequent marriage is terminated because of the
in the Compromise Agreement touches on the very merits of the property. reappearance of an absent spouse; while Article 63 applies to the
case of declaration of nullity of marriage for the court to be wary effects of a decree of legal separation. The present case involves a
of any possible collusion; and, finally, that the Compromise The Petition must fail. proceeding where the nullity of the marriage is sought to be
Agreement is merely an agreement between the parties to separate declared under the ground of psychological capacity.
their conjugal properties partially without prejudice to the outcome
The essential question is whether the partial voluntary separation
of the pending case of declaration of nullity of marriage. Article 2035 of the Civil Code is also clearly inapplicable. The
of property made by the spouses pending the petition for
declaration of nullity of marriage is valid. Compromise Agreement partially divided the properties of the
Hence, herein Petition, purely on questions of law, raising the conjugal partnership of gains between the parties and does not deal
following issues: with the validity of a marriage or legal separation. It is not among
First. The petitioner contends that the Compromise Agreement is
those that are expressly prohibited by Article 2035.
void because it circumvents the law that prohibits the guilty
I.
99
Moreover, the contention that the Compromise Agreement is order to see to it that the evidence submitted is not fabricated. Art. 43. Prision correccional – Its accessory penalties. – The
tantamount to a circumvention of the law prohibiting the guilty (Emphasis supplied penalty of prision correccional shall carry with it that of suspension
spouse from sharing in the conjugal properties is misplaced. from public office, from the right to follow a profession or calling,
Existing law and jurisprudence do not impose such Truly, the purpose of the active participation of the Public and that of perpetual special disqualification from the right of
disqualification. Prosecutor or the Solicitor General is to ensure that the interest of suffrage, if the duration of said imprisonment shall exceed eighteen
the State is represented and protected in proceedings for annulment months. The offender shall suffer the disqualification provided in
Under Article 143 of the Family Code, separation of property may and declaration of nullity of marriages by preventing collusion this article although pardoned as to the principal penalty, unless the
be effected voluntarily or for sufficient cause, subject to judicial between the parties, or the fabrication or suppression of same shall have been expressly remitted in the pardon.
approval. The questioned Compromise Agreement which was evidence.10 While the appearances of the Solicitor General and/or
judicially approved is exactly such a separation of property the Public Prosecutor are mandatory, the failure of the RTC to It is clear, therefore, and as correctly held by the CA, that the crime
allowed under the law. This conclusion holds true even if the require their appearance does not per se nullify the Compromise of adultery does not carry the accessory penalty of civil
proceedings for the declaration of nullity of marriage was still Agreement. This Court fully concurs with the findings of the CA: interdiction which deprives the person of the rights to manage her
pending. However, the Court must stress that this voluntary property and to dispose of such property inter vivos.
separation of property is subject to the rights of all creditors of the x x x. It bears emphasizing that the intendment of the law in
conjugal partnership of gains and other persons with pecuniary requiring the presence of the Solicitor General and/or State Fourth. Neither could it be said that the petitioner was not
interest pursuant to Article 136 of the Family Code. prosecutor in all proceedings of legal separation and annulment or intelligently and judiciously informed of the consequential effects
declaration of nullity of marriage is to curtail or prevent any of the compromise agreement, and that, on this basis, he may
Second. Petitioner’s claim that since the proceedings before the possibility of collusion between the parties and to see to it that repudiate the Compromise Agreement. The argument of the
RTC were void in the absence of the participation of the provincial their evidence respecting the case is not fabricated. In the instant petitioner that he was not duly informed by his previous counsel
prosecutor or solicitor, the voluntary separation made during the case, there is no exigency for the presence of the Solicitor General about the legal effects of the voluntary settlement is not
pendency of the case is also void. The proceedings pertaining to and/or the State prosecutor because as already stated, nothing in convincing. Mistake or vitiation of consent, as now claimed by the
the Compromise Agreement involved the conjugal properties of the subject compromise agreement touched into the very merits of petitioner as his basis for repudiating the settlement, could hardly
the spouses. The settlement had no relation to the questions the case of declaration of nullity of marriage for the court to be be said to be evident. In Salonga v. Court of Appeals, 12 this Court
surrounding the validity of their marriage. Nor did the settlement wary of any possible collusion between the parties. At the risk of held:
amount to a collusion between the parties. being repetiti[ve], the compromise agreement pertains merely to an
agreement between the petitioner and the private respondent to [I]t is wellsettled that the negligence of counsel binds the client.
Article 48 of the Family Code states: separate their conjugal properties partially without prejudice to the This is based on the rule that any act performed by a lawyer within
outcome of the pending case of declaration of nullity of marriage.11 the scope of his general or implied authority is regarded as an act
Art. 48. In all cases of annulment or declaration of absolute nullity of his client. Consequently, the mistake or negligence of
of marriage, the Court shall order the prosecuting attorney or fiscal Third. The conviction of adultery does not carry the accessory of petitioners' counsel may result in the rendition of an unfavorable
assigned to it to appear on behalf of the State to take steps to civil interdiction. Article 34 of the Revised Penal Code provides judgment against them.
prevent collusion between the parties and to take care that the for the consequences of civil interdiction:
evidence is not fabricated or suppressed. (Emphasis supplied) Exceptions to the foregoing have been recognized by the Court in
Art. 34. Civil Interdiction. – Civil interdiction shall deprive the cases where reckless or gross negligence of counsel deprives the
Section 3(e) of Rule 9 of the 1997 Rules of Court provides: offender during the time of his sentence of the rights of parental client of due process of law, or when its application "results in the
authority, or guardianship, either as to the person or property of outright deprivation of one's property through a technicality." x x x
any ward, of marital authority, of the right to manage his property x13
SEC. 3. Default; declaration of. x x x x
and of the right to dispose of such property by any act or any
conveyance inter vivos. None of these exceptions has been sufficiently shown in the
x x x x
present case.
Under Article 333 of the same Code, the penalty for adultery is
(e) Where no defaults allowed.— If the defending party in action prision correccional in its medium and maximum periods. Article WHEREFORE, the Petition is DENIED. The Decision of the
for annulment or declaration of nullity of marriage or for legal 333 should be read with Article 43 of the same Code. The latter Court of Appeals is AFFIRMED with MODIFICATION that the
separation fails to answer, the court shall order the prosecuting provides: subject Compromise Agreement is VALID without prejudice to the
attorney to investigate whether or not a collusion between the
parties exists if there is no collusion, to intervene for the State in
100
rights of all creditors and other persons with pecuniary interest in
the properties of the conjugal partnership of gains.
SO ORDERED.
MA. ALICIA AUSTRIAMARTINEZ
Associate Justice
101
SECOND DIVISION House and Lot with an area of 150 sq. m. located at 1085 Norma $56,228.004
Street, Sampaloc, Manila (Sampaloc property)
P1,693,125.00
G.R. No. 188289, August 20, 2014 The Sampaloc property used to be owned by David’s parents. The
Agricultural land with an area of 20,742 sq. m. located at Laboy, parties herein secured a loan from a bank and mortgaged the
Dipaculao, Aurora property. When said property was about to be foreclosed, the
couple paid a total of P1.5 Million for the redemption of the same.
DAVID A. NOVERAS, Petitioner, v. LETICIA T. NOVERAS, P400,000.00
Respondent.
A parcel of land with an area of 2.5 hectares located at Maria
Aurora, Aurora Due to business reverses, David left the USA and returned to the
Philippines in 2001. In December 2002, Leticia executed a Special
D E C I S I O N P490,000.00
Power of Attorney (SPA) authorizing David to sell the Sampaloc
A parcel of land with an area of 175 sq.m. located at Sabang Baler, property for P2.2 Million. According to Leticia, sometime in
Aurora September 2003, David abandoned his family and lived with
PEREZ, J.: Estrellita Martinez in Aurora province. Leticia claimed that David
P175,000.003
agreed to and executed a Joint Affidavit with Leticia in the
3has. coconut plantation in San Joaquin Maria Aurora, Aurora presence of David’s father, Atty. Isaias Noveras, on 3 December
Before the Court is a petition for review assailing the 9 May 2008 2003 stating that: 1) the P1.1Million proceeds from the sale of the
Decision1 of the Court of Appeals in CAG.R. CV No. 88686, P750,000.00 Sampaloc property shall be paid to and collected by Leticia; 2) that
which affirmed in part the 8 December 2006 Decision2 of the David shall return and pay to Leticia P750,000.00, which is
USA
Regional Trial Court (RTC) of Baler, Aurora, Branch 96. equivalent to half of the amount of the redemption price of the
PROPERTY Sampaloc property; and 3) that David shall renounce and forfeit all
FAIR MARKET VALUE his rights and interest in the conjugal and real properties situated in
The factual antecedents are as follow:chanRoblesvirtualLawlibrary the Philippines.5 David was able to collect P1,790,000.00 from the
House and Lot at 1155 Hanover Street, Daly City, California sale of the Sampaloc property, leaving an unpaid balance of
P410,000.00.
$550,000.00 (unpaid debt of $285,000.00)
David A. Noveras (David) and Leticia T. Noveras (Leticia) were
married on 3 December 1988 in Quezon City, Philippines. They Furniture and furnishings
resided in California, United States of America (USA) where they Upon learning that David had an extramarital affair, Leticia filed a
$3,000
eventually acquired American citizenship. They then begot two petition for divorce with the Superior Court of California, County
children, namely: Jerome T. Noveras, who was born on 4 Jewelries (ring and watch) of San Mateo, USA. The California court granted the divorce on
November 1990 and Jena T. Noveras, born on 2 May 1993. David 24 June 2005 and judgment was duly entered on 29 June 2005.6
was engaged in courier service business while Leticia worked as a $9,000
The California court granted to Leticia the custody of her two
nurse in San Francisco, California. 2000 Nissan Frontier 4x4 pickup truck children, as well as all the couple’s properties in the
USA.7cralawlawlibrary
$13,770.00
During the marriage, they acquired the following properties in the Bank of America Checking Account
Philippines and in the USA:chanRoblesvirtualLawlibrary On 8 August 2005, Leticia filed a petition for Judicial Separation
$8,000
of Conjugal Property before the RTC of Baler, Aurora. She relied
Bank of America Cash Deposit on the 3 December 2003 Joint Affidavit and David’s failure to
PHILIPPINES comply with his obligation under the same. She prayed for: 1) the
$10,000.00 power to administer all conjugal properties in the Philippines; 2)
PROPERTY
Life Insurance (Cash Value) David and his partner to cease and desist from selling the subject
conjugal properties; 3) the declaration that all conjugal properties
$100,000.00 be forfeited in favor of her children; 4) David to remit half of the
FAIR MARKET VALUE
Retirement, pension, profitsharing, annuities purchase price as share of Leticia from the sale of the Sampaloc
102
property; and 5) the payment of P50,000.00 and P100,000.00 P5,000.00 to respondent David A. Noveras and P405,000.00 to the
litigation expenses.8cralawlawlibrary two children. The share of the respondent may be paid to him
On 8 December 2006, the RTC rendered judgment as
directly but the share of the two children shall be deposited with a
follows:chanRoblesvirtualLawlibrary
local bank in Baler, Aurora, in a joint account to be taken out in
In his Answer, David stated that a judgment for the dissolution of their names, withdrawal from which shall only be made by them or
their marriage was entered on 29 June 2005 by the Superior Court by their representative duly authorized with a Special Power of
The absolute community of property of the parties is hereby
of California, County of San Mateo. He demanded that the Attorney. Such payment/deposit shall be made within the period of
declared DISSOLVED;
conjugal partnership properties, which also include the USA thirty (30) days after receipt of a copy of this Decision, with the
properties, be liquidated and that all expenses of liquidation, The net assets of the absolute community of property of the parties passbook of the joint account to be submitted to the custody of the
including attorney’s fees of both parties be charged against the in the Philippines are hereby ordered to be awarded to respondent Clerk of Court of this Court within the same period. Said passbook
conjugal partnership.9cralawlawlibrary David A. Noveras only, with the properties in the United States of can be withdrawn from the Clerk of Court only by the children or
America remaining in the sole ownership of petitioner Leticia their attorneyinfact; and
Noveras a.k.a. Leticia Tacbiana pursuant to the divorce decree
The litigation expenses and attorney’s fees incurred by the parties
The RTC of Baler, Aurora simplified the issues as issued by the Superior Court of California, County of San Mateo,
shall be shouldered by them individually.11
follow:chanRoblesvirtualLawlibrary United States of America, dissolving the marriage of the parties as
of June 24, 2005. The titles presently covering said properties shall
be cancelled and new titles be issued in the name of the party to
The trial court recognized that since the parties are US citizens, the
Whether or not respondent David A. Noveras committed acts of whom said properties are awarded;
laws that cover their legal and personal status are those of the
abandonment and marital infidelity which can result into the
Onehalf of the properties awarded to respondent David A. USA. With respect to their marriage, the parties are divorced by
forfeiture of the parties’ properties in favor of the petitioner and
Noveras in the preceding paragraph are hereby given to Jerome virtue of the decree of dissolution of their marriage issued by the
their two (2) children.
and Jena, his two minor children with petitioner Leticia Noveras Superior Court of California, County of San Mateo on 24 June
Whether or not the Court has jurisdiction over the properties in a.k.a. Leticia Tacbiana as their presumptive legitimes and said 2005. Under their law, the parties’ marriage had already been
California, U.S.A. and the same can be included in the judicial legitimes must be annotated on the titles covering the said dissolved. Thus, the trial court considered the petition filed by
separation prayed for. properties. Their share in the income from these properties shall be Leticia as one for liquidation of the absolute community of
remitted to them annually by the respondent within the first half of property regime with the determination of the legitimes, support
Whether or not the “Joint Affidavit” x x x executed by petitioner and custody of the children, instead of an action for judicial
January of each year, starting January 2008;
Leticia T. Noveras and respondent David A. Noveras will amount separation of conjugal property.
to a waiver or forfeiture of the latter’s property rights over their Onehalf of the properties in the United States of America awarded
conjugal properties. to petitioner Leticia Noveras a.k.a. Leticia Tacbiana in paragraph 2
are hereby given to Jerome and Jena, her two minor children with
Whether or not Leticia T. Noveras is entitled to reimbursement of With respect to their property relations, the trial court first
respondent David A. Noveras as their presumptive legitimes and
onehalf of the P2.2 [M]illion sales proceeds of their property in classified their property regime as absolute community of property
said legitimes must be annotated on the titles/documents covering
Sampaloc, Manila and onehalf of the P1.5 [M]illion used to because they did not execute any marriage settlement before the
the said properties. Their share in the income from these
redeem the property of Atty. Isaias Noveras, including interests solemnization of their marriage pursuant to Article 75 of the
properties, if any, shall be remitted to them annually by the
and charges. Family Code. Then, the trial court ruled that in accordance with the
petitioner within the first half of January of each year, starting
doctrine of processual presumption, Philippine law should apply
How the absolute community properties should be distributed. January 2008;
because the court cannot take judicial notice of the US law since
Whether or not the attorney’s fees and litigation expenses of the For the support of their two (2) minor children, Jerome and Jena, the parties did not submit any proof of their national law. The trial
parties were chargeable against their conjugal properties. respondent David A. Noveras shall give them US$100.00 as court held that as the instant petition does not fall under the
monthly allowance in addition to their income from their provisions of the law for the grant of judicial separation of
presumptive legitimes, while petitioner Leticia Tacbiana shall take properties, the absolute community properties cannot be forfeited
Corollary to the above is the issue of:chanRoblesvirtualLawlibrary care of their food, clothing, education and other needs while they in favor of Leticia and her children. Moreover, the trial court
are in her custody in the USA. The monthly allowance due from observed that Leticia failed to prove abandonment and infidelity
the respondent shall be increased in the future as the needs of the with preponderant evidence.
Whether or not the two common children of the parties are entitled children require and his financial capacity can afford;
to support and presumptive legitimes.10cralawlawlibrary Of the unpaid amount of P410,000.00 on the purchase price of the
Sampaloc property, the Paringit Spouses are hereby ordered to pay
103
The trial court however ruled that Leticia is not entitled to the 6. Respondent David A. Noveras and petitioner Leticia Tacbiana
reimbursements she is praying for considering that she already (sic) are each ordered to pay the amount of P520,000.00 to their
In summary and review, the basic facts are: David and Leticia are
acquired all of the properties in the USA. Relying still on the two children, Jerome and Jena, as their presumptive legitimes from
US citizens who own properties in the USA and in the Philippines.
principle of equity, the Court also adjudicated the Philippine the sale of the Sampaloc property inclusive of the receivables
Leticia obtained a decree of divorce from the Superior Court of
properties to David, subject to the payment of the children’s therefrom, which shall be deposited to a local bank of Baler,
California in June 2005 wherein the court awarded all the
presumptive legitimes. The trial court held that under Article 89 of Aurora, under a joint account in the latter’s names. The
properties in the USA to Leticia. With respect to their properties in
the Family Code, the waiver or renunciation made by David of his payment/deposit shall be made within a period of thirty (30) days
the Philippines, Leticia filed a petition for judicial separation of
property rights in the Joint Affidavit is void. from receipt of a copy of this Decision and the corresponding
conjugal properties.
passbook entrusted to the custody of the Clerk of Court a quo
within the same period, withdrawable only by the children or their
On appeal, the Court of Appeals modified the trial court’s Decision attorneyinfact.
At the outset, the trial court erred in recognizing the divorce decree
by directing the equal division of the Philippine properties between
which severed the bond of marriage between the parties. In Corpuz
the spouses. Moreover with respect to the common children’s
v. Sto. Tomas,13 we stated that:chanRoblesvirtualLawlibrary
presumptive legitime, the appellate court ordered both spouses to A number 8 is hereby added, which shall read as
each pay their children the amount of P520,000.00, follows:chanRoblesvirtualLawlibrary
thus:chanRoblesvirtualLawlibrary
The starting point in any recognition of a foreign divorce judgment
is the acknowledgment that our courts do not take judicial notice of
8. Respondent David A. Noveras is hereby ordered to pay
foreign judgments and laws. Justice Herrera explained that, as a
WHEREFORE, the instant appeal is PARTLY GRANTED. petitioner Leticia Tacbiana (sic) the amount of P1,040,000.00
rule, “no sovereign is bound to give effect within its dominion to a
Numbers 2, 4 and 6 of the assailed Decision dated December 8, representing her share in the proceeds from the sale of the
judgment rendered by a tribunal of another country.” This means
2006 of Branch 96, RTC of Baler, Aurora Province, in Civil Case Sampaloc property.
that the foreign judgment and its authenticity must be proven as
No. 828 are hereby MODIFIED to read as
facts under our rules on evidence, together with the alien’s
follows:chanRoblesvirtualLawlibrary
applicable national law to show the effect of the judgment on the
The last paragraph shall read as
alien himself or herself. The recognition may be made in an action
follows:chanRoblesvirtualLawlibrary
instituted specifically for the purpose or in another action where a
2. The net assets of the absolute community of property of the
party invokes the foreign decree as an integral aspect of his claim
parties in the Philippines are hereby divided equally between
or defense.14
petitioner Leticia Noveras a.k.a. Leticia Tacbiana (sic) and Send a copy of this Decision to the local civil registry of Baler,
respondent David A. Noveras; Aurora; the local civil registry of Quezon City; the Civil Registrar
General, National Statistics Office, Vibal Building, Times Street
The requirements of presenting the foreign divorce decree and the
corner EDSA, Quezon City; the Office of the Registry of Deeds for
national law of the foreigner must comply with our Rules of
x x x the Province of Aurora; and to the children, Jerome Noveras and
Evidence. Specifically, for Philippine courts to recognize a foreign
Jena Noveras.
judgment relating to the status of a marriage, a copy of the foreign
judgment may be admitted in evidence and proven as a fact under
4. Onehalf of the properties awarded to petitioner Leticia
Rule 132, Sections 24 and 25, in relation to Rule 39, Section 48(b)
Tacbiana (sic) in paragraph 2 shall pertain to her minor children, The rest of the Decision is AFFIRMED.12chanrobleslaw
of the Rules of Court.15cralawlawlibrary
Jerome and Jena, as their presumptive legitimes which shall be
annotated on the titles/documents covering the said properties.
Their share in the income therefrom, if any, shall be remitted to In the present petition, David insists that the Court of Appeals
Under Section 24 of Rule 132, the record of public documents of a
them by petitioner annually within the first half of January, starting should have recognized the California Judgment which awarded
sovereign authority or tribunal may be proved by: (1) an official
2008; the Philippine properties to him because said judgment was part of
publication thereof or (2) a copy attested by the officer having the
the pleading presented and offered in evidence before the trial
legal custody thereof. Such official publication or copy must be
court. David argues that allowing Leticia to share in the Philippine
accompanied, if the record is not kept in the Philippines, with a
x x x properties is tantamount to unjust enrichment in favor of Leticia
certificate that the attesting officer has the legal custody thereof.
considering that the latter was already granted all US properties by
The certificate may be issued by any of the authorized Philippine
the California court.
embassy or consular officials stationed in the foreign country in
104
which the record is kept, and authenticated by the seal of his office. properties under paragraph 4 of Article 135 of the Family Code.
The attestation must state, in substance, that the copy is a correct The trial court ratiocinated:chanRoblesvirtualLawlibrary
Leticia anchored the filing of the instant petition for judicial
copy of the original, or a specific part thereof, as the case may be,
separation of property on paragraphs 4 and 6 of Article 135 of the
and must be under the official seal of the attesting officer.
Family Code, to wit:chanRoblesvirtualLawlibrary
Moreover, abandonment, under Article 101 of the Family Code
quoted above, must be for a valid cause and the spouse is deemed
Section 25 of the same Rule states that whenever a copy of a to have abandoned the other when he/she has left the conjugal
Art. 135. Any of the following shall be considered sufficient cause
document or record is attested for the purpose of evidence, the dwelling without intention of returning. The intention of not
for judicial separation of property:chanRoblesvirtualLawlibrary
attestation must state, in substance, that the copy is a correct copy returning is prima facie presumed if the allegedly [sic] abandoning
of the original, or a specific part thereof, as the case may be. The spouse failed to give any information as to his or her whereabouts
attestation must be under the official seal of the attesting officer, if within the period of three months from such abandonment.
(1)
there be any, or if he be the clerk of a court having a seal, under the
seal of such court. That the spouse of the petitioner has been sentenced to a penalty
which carries with it civil interdiction; In the instant case, the petitioner knows that the respondent has
returned to and stayed at his hometown in Maria Aurora,
(2)
Based on the records, only the divorce decree was presented in Philippines, as she even went several times to visit him there after
evidence. The required certificates to prove its authenticity, as well That the spouse of the petitioner has been judicially declared an the alleged abandonment. Also, the respondent has been going
as the pertinent California law on divorce were not presented. absentee; back to the USA to visit her and their children until the relations
between them worsened. The last visit of said respondent was in
(3) October 2004 when he and the petitioner discussed the filing by
It may be noted that in Bayot v. Court of Appeals,16 we relaxed That loss of parental authority of the spouse of petitioner has been the latter of a petition for dissolution of marriage with the
the requirement on certification where we held that “[petitioner decreed by the court; California court. Such turn for the worse of their relationship and
therein] was clearly an American citizen when she secured the the filing of the said petition can also be considered as valid causes
divorce and that divorce is recognized and allowed in any of the (4) for the respondent to stay in the Philippines.19chanrobleslaw
States of the Union, the presentation of a copy of foreign divorce That the spouse of the petitioner has abandoned the latter or failed
decree duly authenticated by the foreign court issuing said decree to comply with his or her obligations to the family as provided for
is, as here, sufficient.” In this case however, it appears that there is in Article 101; Separation in fact for one year as a ground to grant a judicial
no seal from the office where the divorce decree was obtained. separation of property was not tackled in the trial court’s decision
(5) because, the trial court erroneously treated the petition as
That the spouse granted the power of administration in the liquidation of the absolute community of properties.
Even if we apply the doctrine of processual presumption17 as the marriage settlements has abused that power; and
lower courts did with respect to the property regime of the parties,
the recognition of divorce is entirely a different matter because, to (6) The records of this case are replete with evidence that Leticia and
begin with, divorce is not recognized between Filipino citizens in That at the time of the petition, the spouses have been separated in David had indeed separated for more than a year and that
the Philippines. fact for at least one year and reconciliation is highly improbable. reconciliation is highly improbable. First, while actual
abandonment had not been proven, it is undisputed that the spouses
had been living separately since 2003 when David decided to go
Absent a valid recognition of the divorce decree, it follows that the back to the Philippines to set up his own business. Second, Leticia
In the cases provided for in Numbers (1), (2), and (3), the
parties are still legally married in the Philippines. The trial court heard from her friends that David has been cohabiting with
presentation of the final judgment against the guilty or absent
thus erred in proceeding directly to liquidation. Estrellita Martinez, who represented herself as Estrellita Noveras.
spouse shall be enough basis for the grant of the decree of judicial
Editha Apolonio, who worked in the hospital where David was
separation of property. (Emphasis supplied).
once confined, testified that she saw the name of Estrellita listed as
As a general rule, any modification in the marriage settlements the wife of David in the Consent for Operation form.20 Third and
must be made before the celebration of marriage. An exception to more significantly, they had filed for divorce and it was granted by
The trial court had categorically ruled that there was no
this rule is allowed provided that the modification is judicially the California court in June 2005.
abandonment in this case to necessitate judicial separation of
approved and refers only to the instances provided in Articles 66,
67, 128, 135 and 136 of the Family Code.18cralawlawlibrary
105
Having established that Leticia and David had actually separated Whatever remains of the exclusive properties of the spouses shall children’s presumptive legitimes, which the appellate court
for at least one year, the petition for judicial separation of absolute thereafter be delivered to each of them. explained in this wise:chanRoblesvirtualLawlibrary
community of property should be granted.
(4)
The net remainder of the properties of the absolute community Leticia and David shall likewise have an equal share in the
The grant of the judicial separation of the absolute community shall constitute its net assets, which shall be divided equally proceeds of the Sampaloc property. While both claimed to have
property automatically dissolves the absolute community regime, between husband and wife, unless a different proportion or contributed to the redemption of the Noveras property, absent a
as stated in the 4th paragraph of Article 99 of the Family Code, division was agreed upon in the marriage settlements, or unless clear showing where their contributions came from, the same is
thus:chanRoblesvirtualLawlibrary there has been a voluntary waiver of such share provided in this presumed to have come from the community property. Thus,
Code. For purposes of computing the net profits subject to Leticia is not entitled to reimbursement of half of the redemption
forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), money.
Art. 99. The absolute community the said profits shall be the increase in value between the market
terminates:chanRoblesvirtualLawlibrary value of the community property at the time of the celebration of
the marriage and the market value at the time of its dissolution. David’s allegation that he used part of the proceeds from the sale
of the Sampaloc property for the benefit of the absolute community
(5)
(1) Upon the death of either spouse; cannot be given full credence. Only the amount of P120,000.00
The presumptive legitimes of the common children shall be incurred in going to and from the U.S.A. may be charged thereto.
(2) When there is a decree of legal separation;
delivered upon partition, in accordance with Article 51. Election expenses in the amount of P300,000.00 when he ran as
(3) When the marriage is annulled or declared void; or municipal councilor cannot be allowed in the absence of receipts or
(6)
at least the Statement of Contributions and Expenditures required
(4) In case of judicial separation of property during the marriage under Section 14 of Republic Act No. 7166 duly received by the
Unless otherwise agreed upon by the parties, in the partition of the
under Articles 134 to 138. (Emphasis supplied). Commission on Elections. Likewise, expenses incurred to settle the
properties, the conjugal dwelling and the lot on which it is situated
shall be adjudicated to the spouse with whom the majority of the criminal case of his personal driver is not deductible as the same
common children choose to remain. Children below the age of had not benefited the family. In sum, Leticia and David shall share
Under Article 102 of the same Code, liquidation follows the seven years are deemed to have chosen the mother, unless the court equally in the proceeds of the sale net of the amount of
dissolution of the absolute community regime and the following has decided otherwise. In case there is no such majority, the court P120,000.00 or in the respective amounts of P1,040,000.00.
procedure should apply:chanRoblesvirtualLawlibrary shall decide, taking into consideration the best interests of said
children.
x x x x
Art. 102. Upon dissolution of the absolute community regime, the
following procedure shall apply:chanRoblesvirtualLawlibrary At the risk of being repetitious, we will not remand the case to the
trial court. Instead, we shall adopt the modifications made by the Under the first paragraph of Article 888 of the Civil Code, “(t)he
Court of Appeals on the trial court’s Decision with respect to legitime of legitimate children and descendants consists of onehalf
(1) liquidation. of the hereditary estate of the father and of the mother.” The
An inventory shall be prepared, listing separately all the properties children are therefore entitled to half of the share of each spouse in
of the absolute community and the exclusive properties of each the net assets of the absolute community, which shall be annotated
spouse. We agree with the appellate court that the Philippine courts did not on the titles/documents covering the same, as well as to their
acquire jurisdiction over the California properties of David and respective shares in the net proceeds from the sale of the Sampaloc
(2) Leticia. Indeed, Article 16 of the Civil Code clearly states that real property including the receivables from Sps. Paringit in the amount
property as well as personal property is subject to the law of the of P410,000.00. Consequently, David and Leticia should each pay
The debts and obligations of the absolute community shall be paid
country where it is situated. Thus, liquidation shall only be limited them the amount of P520,000.00 as their presumptive legitimes
out of its assets. In case of insufficiency of said assets, the spouses
to the Philippine properties. therefrom.21
shall be solidarily liable for the unpaid balance with their separate
properties in accordance with the provisions of the second
paragraph of Article 94.
We affirm the modification made by the Court of Appeals with WHEREFORE, the petition is DENIED. The assailed Decision of
(3) respect to the share of the spouses in the absolute community the Court of Appeals in CA G.R. CV No. 88686 is AFFIRMED.
properties in the Philippines, as well as the payment of their
106
SO ORDERED.cralawred 10 Id. at 267.
Sereno,* C.J., Carpio, J., (Chairperson), Velasco, Jr.,** Del 11 Id. at 287288.
Castillo, and Perez, JJ., concur.
12Rollo, pp. 3637.
Endnotes:
13 G.R. No. 186571, 11 August 2010, 628 SCRA 266.
* Per Raffle dated 28 July 2014.
14 Id. at 281282.
** Per Special Order No. 1757 dated 20 August 2014.
15Fujiki v. Marinay, G.R. No. 196049, 26 June 2013.
1 Penned by Associate Justice Estela M. PerlasBernabe (now
Supreme Court Associate Justice) with Associate Justices Portia
AliñoHormachuelos and Rosmari D. Carandang, concurring. 16 591 Phil. 452, 470 (2008).
Rollo, pp. 2637.
17 Processual presumption means that where a foreign law is not
2 Presided by Judge Corazon D. Soluren. Records, pp. 262288. pleaded or, even if pleaded, is not proved, the presumption is that
foreign law is the same as ours. See EDIStaffbuilders Int’l. Inc. v.
NLRC, 563 Phil. 1, 22 (2007).
3 Id. at 2.
18 Sta. Maria, Persons and Family Relations Law, Fourth Edition,
4 Id. at 2728. 2004, p. 396.
5 Id. at 16. 19 Records, p. 280.
6 Id. at 77. 20 TSN, 9 March 2006, p. 13.
7 Id. at 7981. 21Rollo, pp. 3435.
8 Id. at 45.
9 Id. at 2326.
107
Republic of the Philippines (2) The three older children, Carlos Enrique III, Antonio In the liquidation and partition of properties owned in
SUPREME COURT Quintin and Angela Rosario shall choose which parent they common by the plaintiff and defendant, the provisions on
Manila would want to stay with. ownership found in the Civil Code shall apply. 3 (Emphasis
supplied.)
FIRST DIVISION Stella Eloisa and Joaquin Pedro shall be placed in the
custody of their mother, herein respondent Consuelo In addressing specifically the issue regarding the disposition of the
GomezValdes. family dwelling, the trial court said:
G.R. No. 122749 July 31, 1996
The petitioner and respondent shall have visitation rights Considering that this Court has already declared the
ANTONIO A. S. VALDEZ, petitioner,
over the children who are in the custody of the other. marriage between petitioner and respondent as null and
vs.
void ab initio, pursuant to Art. 147, the property regime of
REGIONAL TRIAL COURT, BRANCH 102, QUEZON
(3) The petitioner and the respondent are directed to start petitioner and respondent shall be governed by the rules on
CITY, and CONSUELO M. GOMEZVALDEZ, respondents.
proceedings on the liquidation of their common ownership.
properties as defined by Article 147 of the Family Code,
VITUG, J.:p and to comply with the provisions of Articles 50, 51, and The provisions of Articles 102 and 129 of the Family Code
52 of the same code, within thirty (30) days from notice of finds no application since Article 102 refers to the procedure
The petition for new bewails, purely on the question of law, an this decision. for the liquidation of the conjugal partnership property and
alleged error committed by the Regional Trial Court in Civil Case Article 129 refers to the procedure for the liquidation of
No. Q9212539. Petitioner avers that the court a quo has failed to Let a copy of this decision be furnished the Local Civil the absolute community of property.4
apply the correct law that should govern the disposition of a family Registrar of Mandaluyong, Metro Manila, for proper
dwelling in a situation where a marriage is declared void ab recording in the registry of marriages.2 (Emphasis ours.) Petitioner moved for a reconsideration of the order. The motion
initio because of psychological incapacity on the part of either or was denied on 30 October 1995.
both parties in the contract.
Consuelo Gomez sought a clarification of that portion of the
decision directing compliance with Articles 50, 51 and 52 of the In his recourse to this Court, petitioner submits that Articles 50, 51
The pertinent facts giving rise to this incident are, by large, not in Family Code. She asserted that the Family Code contained no and 52 of the Family Code should be held controlling: he argues
dispute. provisions on the procedure for the liquidation of common that:
property in "unions without marriage." Parenthetically, during the
Antonio Valdez and Consuelo Gomez were married on 05 January hearing of the motion, the children filed a joint affidavit expressing I
1971. Begotten during the marriage were five children. In a their desire to remain with their father, Antonio Valdez, herein
petition, dated 22 June 1992, Valdez sought the declaration of petitioner.
Article 147 of the Family Code does not apply to cases
nullity of the marriage pursuant to Article 36 of the Family code
where the parties are psychologically incapacitated.
(docketed Civil Case No. Q9212539, Regional Trial Court of In an order, dated 05 May 1995, the trial court made the following
Quezon City, Branch 102). After the hearing the parties following clarification:
the joinder of issues, the trial court,1 in its decision of 29 July II
1994, granted the petition, viz:
Consequently, considering that Article 147 of the Family
Articles 50, 51 and 52 in relation to Articles 102 and 129 of
Code explicitly provides that the property acquired by both
WHEREFORE, judgment is hereby rendered as follows: the Family Code govern the disposition of the family
parties during their union, in the absence of proof to the
dwelling in cases where a marriage is declared void ab
contrary, are presumed to have been obtained through the
initio, including a marriage declared void by reason of the
(1) The marriage of petitioner Antonio Valdez and joint efforts of the parties and will be owned by them in
psychological incapacity of the spouses.
respondent Consuelo GomezValdez is hereby declared null equal shares, plaintiff and defendant will own their "family
and void under Article 36 of the Family Code on the ground home" and all their properties for that matter in equal
of their mutual psychological incapacity to comply with shares. III
their essential marital obligations;
108
Assuming arguendo that Article 147 applies to marriages innocent party. In all cases, the forfeiture shall take place respective contributions. Such contributions and corresponding
declared void ab initio on the ground of the psychological upon the termination of the cohabitation. shares, however, are prima facie presumed to be equal. The share
incapacity of a spouse, the same may be read consistently of any party who is married to another shall accrue to the absolute
with Article 129. This particular kind of coownership applies when a man and a community or conjugal partnership, as the case may be, if so
woman, suffering no illegal impediment to marry each other, so existing under a valid marriage. If the party who has acted in bad
IV exclusively live together as husband and wife under a void faith is not validly married to another, his or her share shall be
marriage or without the benefit of marriage. The term forfeited in the manner already heretofore expressed. 11
It is necessary to determine the parent with whom majority "capacitated" in the provision (in the first paragraph of the law)
of the children wish to stay.5 refers to the legal capacity of a party to contract marriage, i.e., any In deciding to take further cognizance of the issue on the
"male or female of the age of eighteen years or upwards not under settlement of the parties' common property, the trial court acted
any of the impediments mentioned in Articles 37 and 38" 7 of the neither imprudently nor precipitately; a court which has
The trial court correctly applied the law. In a void marriage,
Code. jurisdiction to declare the marriage a nullity must be deemed
regardless of the cause thereof, the property relations of the parties
likewise clothed in authority to resolve incidental and
during the period of cohabitation is governed by the provisions of
Under this property regime, property acquired by both spouses consequential matters. Nor did it commit a reversible error in
Article 147 or Article 148, such as the case may be, of the Family
through their work and industry shall be governed by the rules on ruling that petitioner and private respondent own the "family
Code. Article 147 is a remake of Article 144 of the Civil Code as
equal coownership. Any property acquired during the union home" and all their common property in equal shares, as well as in
interpreted and so applied in previous cases;6 it provides:
is prima facie presumed to have been obtained through their joint concluding that, in the liquidation and partition of the property
efforts. A party who did not participate in the acquisition of the owned in common by them, the provisions on coownership under
Art. 147. When a man and a woman who are capacitated to the Civil Code, not Articles 50, 51 and 52, in relation to Articles
property shall be considered as having contributed thereto jointly if
marry each other, live exclusively with each other as 102 and 129, 12 of the Family Code, should aptly prevail. The rules
said party's "efforts consisted in the care and maintenance of the
husband and wife without the benefit of marriage or under a set up to govern the liquidation of either the absolute community
family household."8 Unlike the conjugal partnership of gains, the
void marriage, their wages and salaries shall be owned by or the conjugal partnership of gains, the property regimes
fruits of the couple's separate property are not included in the co
them in equal shares and the property acquired by both of recognized for valid and voidable marriages (in the latter case until
ownership.
them through their work or industry shall be governed by the contract is annulled), are irrelevant to the liquidation of the co
the rules on coownership. ownership that exists between commonlaw spouses. The first
Article 147 of the Family Code, in the substance and to the above
paragraph of Articles 50 of the Family Code, applying paragraphs
extent, has clarified Article 144 of the Civil Code; in addition, the
In the absence of proof to the contrary, properties acquired (2), (3), (4) and 95) of Article 43, 13 relates only, by its explicit
law now expressly provides that —
while they lived together shall be presumed to have been terms, to voidable marriages and, exceptionally, to void marriages
obtained by their joint efforts, work or industry, and shall be under Article 40 14 of the Code, i.e., the declaration of nullity of a
owned by them in equal shares. For purposes of this Article, (a) Neither party can dispose or encumber by act intervivos his or subsequent marriage contracted by a spouse of a prior void
a party who did not participate in the acquisition by the her share in coownership property, without consent of the other, marriage before the latter is judicially declared void. The latter is a
other party of any property shall be deemed to have during the period of cohabitation; and special rule that somehow recognizes the philosophy and an old
contributed jointly in the acquisition thereof in the former's doctrine that void marriages are inexistent from the very beginning
efforts consisted in the care and maintenance of the family (b) In the case of a void marriage, any party in bad faith shall and no judicial decree is necessary to establish their nullity. In now
and of the household. forfeit his or her share in the coownership in favor of their requiring for purposes of remarriage, the declaration of nullity by
common children; in default thereof or waiver by any or all of the final judgment of the previously contracted void marriage, the
Neither party can encumber or dispose by acts inter vivos of common children, each vacant share shall belong to the respective present law aims to do away with any continuing uncertainty on
his or her share in the property acquired during cohabitation surviving descendants, or still in default thereof, to the innocent the status of the second marriage. It is not then illogical for the
and owned in common, without the consent of the other, party. The forfeiture shall take place upon the termination of the provisions of Article 43, in relation to Articles 41 15 and 42, 16 of
until after the termination of their cohabitation. cohabitation9 or declaration of nullity of the marriage. 10 the Family Code, on the effects of the termination of a subsequent
marriage contracted during the subsistence of a previous marriage
When the commonlaw spouses suffer from a legal impediment to to be made applicable pro hac vice. In all other cases, it is not to be
When only one of the parties to a void marriage is in good
marry or when they do not live exclusively with each other (as assumed that the law has also meant to have coincident property
faith, the share of the party in bad faith in the ownership
husband and wife), only the property acquired by both of them relations, on the one hand, between spouses in valid and voidable
shall be forfeited in favor of their common children. In case
through their actual joint contribution of money, property or marriages (before annulment) and, on the other, between common
of default of or waiver by any or all of the common children
industry shall be owned in common and in proportion to their law spouses or spouses of void marriages, leaving to ordain, on the
or their descendants, each vacant share shall belong to the
latter case, the ordinary rules on coownership subject to the
109
provisions of the Family Code on the "family home," i.e., the
provisions found in Title V, Chapter 2, of the Family Code, remain
in force and effect regardless of the property regime of the spouses.
WHEREFORE, the questioned orders, dated 05 May 1995 and 30
October 1995, of the trial court are AFFIRMED. No costs.
Padilla, Kapunan and Hermosisima, Jr., JJ., concur.
Bellosillo, J., is on leave.
110
Republic of the Philippines 1) Declaring and decreeing the marriage entered into On September 2, 1996, the Court of Appeals issued a Resolution
SUPREME COURT between plaintiff Noel A. Buenaventura and defendant increasing the support pendente lite to P20,000.4 Petitioner filed a
Manila Isabel Lucia Singh Buenaventura on July 4, 1979, null and motion for reconsideration questioning the said Resolution.5
void ab initio;
FIRST DIVISION
On October 8, 1996, the appellate court promulgated a Decision
2) Ordering the plaintiff to pay defendant moral damages in dismissing petitioner’s appeal for lack of merit and affirming in
G.R. No. 127358 March 31, 2005 the amount of 2.5 million pesos and exemplary damages of toto the trial court’s decision.6 Petitioner filed a motion for
1 million pesos with 6% interest from the date of this reconsideration which was denied. From the abovementioned
NOEL BUENAVENTURA, Petitioner, decision plus attorney’s fees of P100,000.00; Decision, petitioner filed the instant Petition for Review
vs. on Certiorari.
COURT OF APPEALS and ISABEL LUCIA SINGH 3) Ordering the plaintiff to pay the defendant expenses of
BUENAVENTURA, respondents. litigation of P50,000.00, plus costs; On November 13, 1996, through another Resolution, the Court of
Appeals denied petitioner’s motion for reconsideration of the
xx 4) Ordering the liquidation of the assets of the conjugal September 2, 1996 Resolution, which increased the monthly
partnership property[,] particularly the plaintiff’s support for the son.7 Petitioner filed a Petition for Certiorari to
separation/retirement benefits received from the Far East question these two Resolutions.
G.R. No. 127449 March 31, 2005
Bank [and] Trust Company[,] by ceding, giving and paying
to her fifty percent (50%) of the net amount On July 9, 1997, the Petition for Review on Certiorari8 and the
NOEL BUENAVENTURA, Petitioner,
of P3,675,335.79 or P1,837,667.89 together with 12% Petition for Certiorari9 were ordered consolidated by this Court.10
vs. interest per annum from the date of this decision and one
COURT OF APPEALS and ISABEL LUCIA SINGH half (1/2) of his outstanding shares of stock with Manila
In the Petition for Review on Certiorari petitioner claims that the
BUENAVENTURA, Respondents. Memorial Park and Provident Group of Companies;
Court of Appeals decided the case not in accord with law and
jurisprudence, thus:
D E C I S I O N 5) Ordering him to give a regular support in favor of his son
Javy Singh Buenaventura in the amount of P15,000.00
1. WHEN IT AWARDED DEFENDANTAPPELLEE
AZCUNA, J.: monthly, subject to modification as the necessity arises;
MORAL DAMAGES IN THE AMOUNT OF P2.5
MILLION AND EXEMPLARY DAMAGES OF P1
These cases involve a petition for the declaration of nullity of 6) Awarding the care and custody of the minor Javy Singh MILLION, WITH 6% INTEREST FROM THE DATE OF
marriage, which was filed by petitioner Noel Buenaventura on July Buenaventura to his mother, the herein defendant; and ITS DECISION, WITHOUT ANY LEGAL AND MORAL
12, 1992, on the ground of the alleged psychological incapacity of BASIS;
his wife, Isabel Singh Buenaventura, herein respondent. After 7) Hereby authorizing the defendant to revert back to the
respondent filed her answer, petitioner, with leave of court, use of her maiden family name Singh. 2. WHEN IT AWARDED P100,000.00 ATTORNEY’S
amended his petition by stating that both he and his wife were FEES AND P50,000.00 EXPENSES OF LITIGATION,
psychologically incapacitated to comply with the essential Let copies of this decision be furnished the appropriate civil PLUS COSTS, TO DEFENDANTAPPELLEE, WITHOUT
obligations of marriage. In response, respondent filed an amended registry and registries of properties. FACTUAL AND LEGAL BASIS;
answer denying the allegation that she was psychologically
incapacitated.1
SO ORDERED.2 3. WHEN IT ORDERED PLAINTIFFAPPELLANT
NOEL TO PAY DEFENDANTAPPELLEE ONEHALF
On July 31, 1995, the Regional Trial Court promulgated a OR P1,837,667.89 OUT OF HIS RETIREMENT
Petitioner appealed the above decision to the Court of Appeals.
Decision, the dispositive portion of which reads: BENEFITS RECEIVED FROM THE FAR EAST BANK
While the case was pending in the appellate court, respondent filed
AND TRUST CO., WITH 12% INTEREST THEREON
a motion to increase the P15,000 monthly support pendente lite of
WHEREFORE, judgment is hereby rendered as follows: FROM THE DATE OF ITS DECISION,
their son Javy Singh Buenaventura. Petitioner filed an opposition
NOTWITHSTANDING THAT SAID RETIREMENT
thereto, praying that it be denied or that such incident be set for
BENEFITS ARE GRATUITOUS AND EXCLUSIVE
oral argument.3
PROPERTY OF NOEL, AND ALSO TO DELIVER TO
111
DEFENDANTAPPELLEE ONEHALF OF HIS SHARES On Assignment of Error C, the trial court, after findings of reputation, wounded feelings, moral shock, social
OF STOCK WITH THE MANILA MEMORIAL PARK fact ascertained from the testimonies not only of the parties humiliation, and similar injury. Though incapable of
AND THE PROVIDENT GROUP OF COMPANIES, particularly the defendantappellee but likewise, those of the pecuniary computation, moral damages may be recovered if
ALTHOUGH SAID SHARES OF STOCK WERE two psychologists, awarded damages on the basis of Articles they are the proximate result of the defendant’s wrongful act
ACQUIRED BY NOEL BEFORE HIS MARRIAGE TO 21, 2217 and 2229 of the Civil Code of the Philippines. or omission.
RESPONDENT ISABEL AND ARE, THEREFORE,
AGAIN HIS EXCLUSIVE PROPERTIES; AND Thus, the lower court found that plaintiffappellant deceived ART. 21. Any person who wilfully causes loss or injury to
the defendantappellee into marrying him by professing true another in a manner that is contrary to morals, good customs
4. WHEN IT AWARDED EXCLUSIVE CARE AND love instead of revealing to her that he was under heavy or public policy shall compensate the latter for the damage.
CUSTODY OVER THE PARTIES’ MINOR CHILD TO parental pressure to marry and that because of pride he
DEFENDANTAPPELLEE WITHOUT ASKING THE married defendantappellee; that he was not ready to enter The trial court referred to Article 21 because Article 2219 17 of the
CHILD (WHO WAS ALREADY 13 YEARS OLD AT into marriage as in fact his career was and always would be Civil Code enumerates the cases in which moral damages may be
THAT TIME) HIS CHOICE AS TO WHOM, BETWEEN his first priority; that he was unable to relate not only to recovered and it mentions Article 21 as one of the instances. It
HIS TWO PARENTS, HE WOULD LIKE TO HAVE defendantappellee as a husband but also to his son, Javy, as must be noted that Article 21 states that the individual must
CUSTODY OVER HIS PERSON.11 a father; that he had no inclination to make the marriage willfully cause loss or injury to another. There is a need that the act
work such that in times of trouble, he chose the easiest way is willful and hence done in complete freedom. In granting moral
In the Petition for Certiorari, petitioner advances the following out, that of leaving defendant–appellee and their son; that he damages, therefore, the trial court and the Court of Appeals could
contentions: had no desire to keep defendantappellee and their son as not but have assumed that the acts on which the moral damages
proved by his reluctance and later, refusal to reconcile after were based were done willfully and freely, otherwise the grant of
their separation; that the aforementioned caused defendant moral damages would have no leg to stand on.
THE COURT OF APPEALS GRAVELY ABUSED ITS
appellee to suffer mental anguish, anxiety, besmirched
DISCRETION WHEN IT REFUSED TO SET
reputation, sleepless nights not only in those years the
RESPONDENT’S MOTION FOR INCREASED On the other hand, the trial court declared the marriage of the
parties were together but also after and throughout their
SUPPORT FOR THE PARTIES’ SON FOR HEARING.12 parties null and void based on Article 36 of the Family Code, due
separation.
to psychological incapacity of the petitioner, Noel Buenaventura.
THERE WAS NO NEED FOR THE COURT OF Article 36 of the Family Code states:
Plaintiffappellant assails the trial court’s decision on the
APPEALS TO INCREASE JAVY’S MONTHLY
ground that unlike those arising from a breach in ordinary
SUPPORT OF P15,000.00 BEING GIVEN BY A marriage contracted by any party who, at the time of the
contracts, damages arising as a consequence of marriage
PETITIONER EVEN AT PRESENT PRICES.13 celebration, was psychologically incapacitated to comply
may not be awarded. While it is correct that there is, as yet,
with the essential marital obligations of marriage, shall
no decided case by the Supreme Court where damages by
IN RESOLVING RESPONDENT’S MOTION FOR THE likewise be void even if such incapacity becomes manifest
reason of the performance or nonperformance of marital
INCREASE OF JAVY’S SUPPORT, THE COURT OF only after its solemnization.
obligations were awarded, it does not follow that no such
APPEALS SHOULD HAVE EXAMINED THE LIST OF award for damages may be made.
EXPENSES SUBMITTED BY RESPONDENT IN THE Psychological incapacity has been defined, thus:
LIGHT OF PETITIONER’S OBJECTIONS THERETO,
Defendantappellee, in her amended answer, specifically
INSTEAD OF MERELY ASSUMING THAT JAVY IS . . . no less than a mental (not physical) incapacity that
prayed for moral and exemplary damages in the total
ENTITLED TO A P5,000 INCREASE IN SUPPORT AS causes a party to be truly incognitive of the basic marital
amount of 7 million pesos. The lower court, in the exercise
SAID AMOUNT IS "TOO MINIMAL."14
of its discretion, found full justification of awarding at least covenants that concomitantly must be assumed and
half of what was originally prayed for. We find no reason to discharged by the parties to the marriage which, as so
LIKEWISE, THE COURT OF APPEALS SHOULD HAVE disturb the ruling of the trial court.16 expressed by Article 68 of the Family Code, include their
GIVEN PETITIONER AN OPPORTUNITY TO PROVE mutual obligations to live together, observe love, respect
HIS PRESENT INCOME TO SHOW THAT HE CANNOT and fidelity and render help and support. There is hardly any
The award by the trial court of moral damages is based on Articles
AFFORD TO INCREASE JAVY’S SUPPORT.15 doubt that the intendment of the law has been to confine the
2217 and 21 of the Civil Code, which read as follows:
meaning of "psychological incapacity" to the most serious
With regard to the first issue in the main case, the Court of Appeals cases of personality disorders clearly demonstrative of
ART. 2217. Moral damages include physical suffering,
articulated:
mental anguish, fright, serious anxiety, besmirched
112
an utter insensitivity or inability to give meaning and The Court of Appeals reasoned as follows: to be conjugal unless the contrary is proved (Art. 116, New
significance to the marriage. . . .18 Family Code; Art. 160, Civil Code). Art. 117 of the Family
On Assignment of Error D, as the award of moral and Code enumerates what are conjugal partnership properties.
exemplary damages is fully justified, the award of attorney’s Among others they are the following:
The Court of Appeals and the trial court considered the acts of the
petitioner after the marriage as proof of his psychological fees and costs of litigation by the trial court is likewise fully
incapacity, and therefore a product of his incapacity or inability to justified.21 1) Those acquired by onerous title during the marriage
comply with the essential obligations of marriage. Nevertheless, at the expense of the common fund, whether the
said courts considered these acts as willful and hence as grounds The acts or omissions of petitioner which led the lower court to acquisition be for the partnership, or for only one of the
for granting moral damages. It is contradictory to characterize acts deduce his psychological incapacity, and his act in filing the spouses;
as a product of psychological incapacity, and hence beyond the complaint for the annulment of his marriage cannot be considered
control of the party because of an innate inability, while at the as unduly compelling the private respondent to litigate, since both 2) Those obtained from the labor, industry, work or
same time considering the same set of acts as willful. By declaring are grounded on petitioner’s psychological incapacity, which as profession of either or both of the spouses;
the petitioner as psychologically incapacitated, the possibility of explained above is a mental incapacity causing an utter inability to
awarding moral damages on the same set of facts was negated. The comply with the obligations of marriage. Hence, neither can be a 3) The fruits, natural, industrial, or civil, due or
award of moral damages should be predicated, not on the mere act ground for attorney’s fees and litigation expenses. Furthermore, received during the marriage from the common
of entering into the marriage, but on specific evidence that it was since the award of moral and exemplary damages is no longer property, as well as the net fruits from the exclusive
done deliberately and with malice by a party who had knowledge justified, the award of attorney’s fees and expenses of litigation is property of each spouse. . . .
of his or her disability and yet willfully concealed the same. No left without basis.
such evidence appears to have been adduced in this case.
Applying the foregoing legal provisions, and without
Anent the retirement benefits received from the Far East Bank and prejudice to requiring an inventory of what are the parties’
For the same reason, since psychological incapacity means that one Trust Co. and the shares of stock in the Manila Memorial Park and conjugal properties and what are the exclusive properties of
is truly incognitive of the basic marital covenants that one must the Provident Group of Companies, the trial court said: each spouse, it was disclosed during the proceedings in this
assume and discharge as a consequence of marriage, it removes the case that the plaintiff who worked first as Branch Manager
basis for the contention that the petitioner purposely deceived the The third issue that must be resolved by the Court is what to and later as VicePresident of Far East Bank & Trust Co.
private respondent. If the private respondent was deceived, it was do with the assets of the conjugal partnership in the event of received separation/retirement package from the said bank
not due to a willful act on the part of the petitioner. Therefore, the declaration of annulment of the marriage. The Honorable in the amount of P3,701,500.00 which after certain
award of moral damages was without basis in law and in fact. Supreme Court has held that the declaration of nullity of deductions amounting to P26,164.21 gave him a net amount
marriage carries ipso facto a judgment for the liquidation of of P3,675,335.79 and actually paid to him on January 9,
Since the grant of moral damages was not proper, it follows that property (Domingo v. Court of Appeals, et al., G.R. No. 1995 (Exhs. 6, 7, 8, 9, 10, 11). Not having shown debts or
the grant of exemplary damages cannot stand since the Civil Code 104818, Sept. 17, 1993, 226 SCRA, pp. 572 – 573, 586). obligations other than those deducted from the said
provides that exemplary damages are imposed in addition to Thus, speaking through Justice Flerida Ruth P. Romero, it retirement/separation pay, under Art. 129 of the Family
moral, temperate, liquidated or compensatory damages.19 was ruled in this case: Code "The net remainder of the conjugal partnership
properties shall constitute the profits, which shall be divided
With respect to the grant of attorney’s fees and expenses of When a marriage is declared void ab initio, the law equally between husband and wife, unless a different
litigation the trial court explained, thus: states that the final judgment therein shall provide for proportion or division was agreed upon in the marriage
the liquidation, partition and distribution of the settlement or unless there has been a voluntary waiver or
properties of the spouses, the custody and support of the forfeiture of such share as provided in this Code." In this
Regarding Attorney’s fees, Art. 2208 of the Civil Code
common children and the delivery of their presumptive particular case, however, there had been no marriage
authorizes an award of attorney’s fees and expenses of
legitimes, unless such matters had been adjudicated in settlement between the parties, nor had there been any
litigation, other than judicial costs, when as in this case the
the previous proceedings. voluntary waiver or valid forfeiture of the defendant wife’s
plaintiff’s act or omission has compelled the defendant to
share in the conjugal partnership properties. The previous
litigate and to incur expenses of litigation to protect her
cession and transfer by the plaintiff of his onehalf (1/2)
interest (par. 2), and where the Court deems it just and The parties here were legally married on July 4, 1979, and
share in their residential house and lot covered by T.C.T.
equitable that attorney’s fees and expenses of litigation therefore, all property acquired during the marriage, whether
No. S35680 of the Registry of Deeds of Parañaque, Metro
should be recovered. (par. 11)20 the acquisition appears to have been made, contracted or
Manila, in favor of the defendant as stipulated in their
registered in the name of one or both spouses, is presumed
Compromise Agreement dated July 12, 1993, and approved
113
by the Court in its Partial Decision dated August 6, 1993, received from Far East Bank & Trust Company upon his have been obtained by their joint efforts, work or
was actually intended to be in full settlement of any and all retirement as VicePresident of said company for the reason industry, and shall be owned by them in equal shares.
demands for past support. In reality, the defendant wife had that the benefits accrued from plaintiff–appellant’s service For purposes of this Article, a party who did not
allowed some concession in favor of the plaintiff husband, for the bank for a number of years, most of which while he participate in the acquisition by the other party of any
for were the law strictly to be followed, in the process of was married to defendantappellee, the trial court property shall be deemed to have contributed jointly in
liquidation of the conjugal assets, the conjugal dwelling and adjudicated the same. The same is true with the outstanding the acquisition thereof if the former's efforts consisted
the lot on which it is situated shall, unless otherwise agreed shares of plaintiffappellant in Manila Memorial Park and in the care and maintenance of the family and of the
upon by the parties, be adjudicated to the spouse with whom Provident Group of Companies. As these were acquired by household.
their only child has chosen to remain (Art. 129, par. 9). the plaintiffappellant at the time he was married to
Here, what was done was onehalf (1/2) portion of the house defendantappellee, the latter is entitled to onehalf thereof Neither party can encumber or dispose by acts inter
was ceded to defendant so that she will not claim anymore as her share in the conjugal partnership. We find no reason vivos of his or her share in the property acquired during
for past unpaid support, while the other half was transferred to disturb the ruling of the trial court.23 cohabitation and owned in common, without the
to their only child as his presumptive legitime. consent of the other, until after the termination of their
Since the present case does not involve the annulment of a cohabitation.
Consequently, nothing yet has been given to the defendant bigamous marriage, the provisions of Article 50 in relation to
wife by way of her share in the conjugal properties, and it is Articles 41, 42 and 43 of the Family Code, providing for the When only one of the parties to a void marriage is in
but just, lawful and fair, that she be given onehalf (1/2) dissolution of the absolute community or conjugal partnership of good faith, the share of the party in bad faith in the co
share of the separation/retirement benefits received by the gains, as the case may be, do not apply. Rather, the general rule ownership shall be forfeited in favor of their common
plaintiff the same being part of their conjugal partnership applies, which is that in case a marriage is declared void ab initio, children. In case of default of or waiver by any or all of
properties having been obtained or derived from the labor, the property regime applicable and to be liquidated, partitioned and the common children or their descendants, each vacant
industry, work or profession of said defendant husband in distributed is that of equal coownership. share shall belong to the respective surviving
accordance with Art. 117, par. 2 of the Family Code. For the descendants. In the absence of descendants, such share
same reason, she is entitled to onehalf (1/2) of the In Valdes v. Regional Trial Court, Branch 102, Quezon City,24 this shall belong to the innocent party. In all cases, the
outstanding shares of stock of the plaintiff husband with the Court expounded on the consequences of a void marriage on the forfeiture shall take place upon termination of the
Manila Memorial Park and the Provident Group of property relations of the spouses and specified the applicable cohabitation.
Companies.22 provisions of law:
This peculiar kind of coownership applies when a man and
The Court of Appeals articulated on this matter as follows: The trial court correctly applied the law. In a void marriage, a woman, suffering no legal impediment to marry each
regardless of the cause thereof, the property relations of the other, so exclusively live together as husband and wife
On Assignment of Error E, plaintiffappellant assails the parties during the period of cohabitation is governed by the under a void marriage or without the benefit of marriage.
order of the trial court for him to give onehalf of his provisions of Article 147 or Article 148, such as the case The term "capacitated" in the provision (in the first
separation/retirement benefits from Far East Bank & Trust may be, of the Family Code. Article 147 is a remake of paragraph of the law) refers to the legal capacity of a party
Company and half of his outstanding shares in Manila Article 144 of the Civil Code as interpreted and so applied to contract marriage, i.e., any "male or female of the age of
Memorial Park and Provident Group of Companies to the in previous cases; it provides: eighteen years or upwards not under any of the impediments
defendantappellee as the latter’s share in the conjugal mentioned in Articles 37 and 38" of the Code.
partnership. ART. 147. When a man and a woman who are
capacitated to marry each other, live exclusively with Under this property regime, property acquired by both
On August 6, 1993, the trial court rendered a Partial each other as husband and wife without the benefit of spouses through their work and industry shall be governed
Decision approving the Compromise Agreement entered marriage or under a void marriage, their wages and by the rules on equal coownership. Any property acquired
into by the parties. In the same Compromise Agreement, the salaries shall be owned by them in equal shares and the during the union is prima facie presumed to have been
parties had agreed that henceforth, their conjugal property acquired by both of them through their work obtained through their joint efforts. A party who did not
partnership is dissolved. Thereafter, no steps were taken for or industry shall be governed by the rules on co participate in the acquisition of the property shall still be
the liquidation of the conjugal partnership. ownership. considered as having contributed thereto jointly if said
party's "efforts consisted in the care and maintenance of the
Finding that defendantappellee is entitled to at least half of In the absence of proof to the contrary, properties family household." Unlike the conjugal partnership of gains,
the separation/retirement benefits which plaintiffappellant acquired while they lived together shall be presumed to
114
the fruits of the couple's separate property are not included of a subsequent marriage contracted by a spouse of a prior that the son, Javy Singh Buenaventura, as previously stated, has
in the coownership. void marriage before the latter is judicially declared void. attained the age of majority.
The latter is a special rule that somehow recognizes the
Article 147 of the Family Code, in substance and to the philosophy and an old doctrine that void marriages are WHEREFORE, the Decision of the Court of Appeals dated
above extent, has clarified Article 144 of the Civil Code; in inexistent from the very beginning and no judicial decree is October 8, 1996 and its Resolution dated December 10, 1996
addition, the law now expressly provides that — necessary to establish their nullity. In now requiring which are contested in the Petition for Review (G.R. No. 127449),
for purposes of remarriage, the declaration of nullity by are hereby MODIFIED, in that the award of moral and exemplary
final judgment of the previously contracted void marriage, damages, attorney’s fees, expenses of litigation and costs are
(a) Neither party can dispose or encumber by act[s] inter
the present law aims to do away with any continuing deleted. The order giving respondent onehalf of the retirement
vivos [of] his or her share in coownership property, without
uncertainty on the status of the second marriage. It is not benefits of petitioner from Far East Bank and Trust Co. and one
the consent of the other, during the period of cohabitation;
then illogical for the provisions of Article 43, in relation to half of petitioner’s shares of stock in Manila Memorial Park and in
and
Articles 41 and 42, of the Family Code, on the effects of the
the Provident Group of Companies is sustained but on the basis
termination of a subsequent marriage contracted during the
(b) In the case of a void marriage, any party in bad faith of the liquidation, partition and distribution of the co
subsistence of a previous marriage to be made
shall forfeit his or her share in the coownership in favor of ownership and not of the regime of conjugal partnership of
applicable pro hac vice. In all other cases, it is not to be
their common children; in default thereof or waiver by any gains. The rest of said Decision and Resolution are AFFIRMED.
assumed that the law has also meant to have coincident
or all of the common children, each vacant share shall property relations, on the one hand, between spouses in
belong to the respective surviving descendants, or still in valid and voidable marriages (before annulment) and, on the The Petition for Review on Certiorari (G.R. No. 127358)
default thereof, to the innocent party. The forfeiture shall other, between commonlaw spouses or spouses of void contesting the Court of Appeals’ Resolutions of September 2, 1996
take place upon the termination of the cohabitation or marriages, leaving to ordain, in the latter case, the ordinary and November 13, 1996 which increased the support pendente
declaration of nullity of the marriage. rules on coownership subject to the provision of Article lite in favor of the parties’ son, Javy Singh Buenaventura, is now
147 and Article 148 of the Family Code. It must be stressed, MOOT and ACADEMIC and is, accordingly, DISMISSED.
… nevertheless, even as it may merely state the obvious, that
the provisions of the Family Code on the "family home," No costs.
In deciding to take further cognizance of the issue on the i.e., the provisions found in Title V, Chapter 2, of the
settlement of the parties' common property, the trial court Family Code, remain in force and effect regardless of the
SO ORDERED.
acted neither imprudently nor precipitately; a court which property regime of the spouses.25
had jurisdiction to declare the marriage a nullity must be
Davide, Jr., C.J., (Chairman), Quisumbing, YnaresSantiago, and
deemed likewise clothed with authority to resolve incidental Since the properties ordered to be distributed by the court a quo
were found, both by the trial court and the Court of Appeals, to Carpio, JJ., concur.
and consequential matters. Nor did it commit a reversible
error in ruling that petitioner and private respondent own the have been acquired during the union of the parties, the same would
"family home" and all their common property in equal be covered by the coownership. No fruits of a separate property of
shares, as well as in concluding that, in the liquidation and one of the parties appear to have been included or involved in said
partition of the property owned in common by them, the distribution. The liquidation, partition and distribution of the
provisions on coownership under the Civil Code, not properties owned in common by the parties herein as ordered by
Articles 50, 51 and 52, in relation to Articles 102 and 129, the court a quo should, therefore, be sustained, but on the basis of
of the Family Code, should aptly prevail. The rules set up to coownership and not of the regime of conjugal partnership of
govern the liquidation of either the absolute community or gains.
the conjugal partnership of gains, the property regimes
recognized for valid and voidable marriages (in the latter As to the issue on custody of the parties over their only child, Javy
case until the contract is annulled), are irrelevant to the Singh Buenaventura, it is now moot since he is about to turn
liquidation of the coownership that exists between twentyfive years of age on May 27, 2005 26 and has, therefore,
commonlaw spouses. The first paragraph of Article 50 of attained the age of majority.
the Family Code, applying paragraphs (2), (3), (4) and (5) of
Article 43, relates only, by its explicit terms,
With regard to the issues on support raised in the Petition
to voidable marriages and, exceptionally, to void marriages
for Certiorari, these would also now be moot, owing to the fact
under Article 40 of the Code, i.e., the declaration of nullity
115
116
Republic of the Philippines On December 2, 1991, Juliet left for overseas employment in In a decision2 dated March 15, 1997, the MTC, on its finding that
SUPREME COURT Korea. She would send money to John who deposited the same in the money used in the construction of the structure in question
Manila their joint bank account. solely came from John, ruled that the same exclusively pertained to
the latter, and accordingly ordered Juliet's eviction therefrom,
SECOND DIVISION
In 1992, the original 2storey residential house underwent including the sarisari store thereat, and required her to surrender
renovation. To it was annexed a new structure which housed possession thereof to John, thus:
G.R. No. 146294 July 31, 2006 a sarisari store. This new structure and the sarisari store thereat
are the properties involved in this case. WHEREFORE, judgment is rendered in favor of the
JOHN ABING, petitioner, plaintiff (John) and against the defendant (Juliet).
vs. In 1994, Juliet returned from Korea and continued to live with
JULIET WAEYAN, respondent. John. She managed the sarisari store while John worked as a mine Defendant is hereby ordered to vacate the premises of the
employee of the Lepanto Consolidated Mining, Inc. store in litigation covered by Tax Declaration No. 96001
D E C I S I O N 00445 in the name of the Plaintiff and turn over possession
In 1995, the relationship between the two turned from bad to thereof to the latter.
GARCIA, J.: worse. Hence, they decided to partition their properties. For the
purpose, they executed on October 7, 1995 a Memorandum of Defendant is hereby further ordered to pay the Plaintiff the
Agreement. Unfortunately, the document was left unsigned by the sum of P2,500.00 a month from the time she withheld
In this appeal by way of a petition for review under Rule 45 of the
parties although signed by the witnesses thereto. Under their possession of the store in litigation in June 1996 until she
Rules of Court, petitioner John Abing (John, hereafter) seeks to set
unsigned agreement, John shall leave the couples' dwelling with vacates the same and turn over possession thereof to the
aside the Decision1 dated October 24, 2000 of the Court of Appeals
Juliet paying him the amount of P428,870.00 representing John's Plaintiff.
(CA) in CAG.R. SP No. 48675, reversing that of the Regional
share in all their properties. On the same date – October 7, 1995 –
Trial Court (RTC) of Benguet, Branch 64, which affirmed an
Juliet paid John the sum of P232,397.66 by way of partial payment Defendant is finally ordered, to pay the sum of P5,000.00 to
earlier decision of the Municipal Trial Court (MTC) of Mankayan,
of his share, with the balance of P196,472.34 to be paid by Juliet in the Plaintiff by way of Attorney's fees; and to pay the costs.
Benguet in an ejectment suit thereat commenced by the petitioner
twelve monthly installment beginning November 1995.
against the respondent.
SO ORDERED.
Juliet, however, failed to make good the balance. On account
In the main, the controversy is between a man and a woman who,
thereof, John demanded of her to vacate the annex structure
during the good old days, lived together as husband and wife On Juliet's appeal to the RTC, the latter, in its decision of July 29,
housing the sarisari store. Juliet refused, prompting John to file an
without the benefit of marriage. During their cohabitation, they 1995, affirmed that of the MTC. Undaunted, Juliet then went to the
ejectment suit against her before the MTC of Mankayan, Benguet.
acquired properties. Later, they parted ways, and with it this CA in CAG.R. SP No. 48675.
litigation between them involving one of their common properties.
In his complaint, John alleged that he alone spent for the
As stated at the threshold hereof, the CA, in its Decision of
construction of the annex structure with his own funds and thru
The facts: October 24, 2000,3 reversed that of the RTC, to wit:
money he borrowed from his relatives. In fact, he added that the
tax declaration for the structure was under his name. On this
Sometime in 1986, John and respondent Juliet Waeyan (Juliet, for premise, John claimed exclusive ownership of the subject WHEREFORE, the petition is GRANTED. The assailed
short) met and fell in love with each other. In time, the duo structure, which thereby gave him the right to eject Juliet decision of the Regional Trial Court is hereby reversed and
cohabited as husband and wife without the benefit of marriage. therefrom upon the latter's failure to pay the agreed balance due set aside. Petitioner, Juliet Waeyan is entitled to possess the
Together, the couple bought a 2storey residential house from one him under the aforementioned Memorandum of Agreement. property and maintain therein her business.
Benjamin Macua which was erected on a lot owned by a certain
Alejandro Diño on Aurora Street, Mankayan, Benguet. Consequent SO ORDERED.
In her answer, Juliet countered that their original house was
to the purchase, the tax declaration of the 2storey house was
renovated thru their common funds and that the subject structure
transferred in the name of Juliet.
annexed thereto was merely an attachment or an extension of their Partly says the CA in its reversal disposition:
original residential house, hence the same pertained to the two of
them in common. It is undisputed that the parties lived together as husband
and wife without the benefit of marriage from 1986 to 1995
117
and that they acquired certain properties which must be Essentially, the issues raised center on the core question of whether or documentary, to support petitioner's selfserving allegation that
divided between them upon the termination of their or not the property subject of the suit pertains to the exclusive the annex structure which housed the sarisari store was put up thru
common law relationship. ownership of petitioner, John. Departing from the factual findings his own funds and/or money borrowed by him. Sure, petitioner has
of the two courts before it, the CA found that the premises in in his favor the tax declaration covering the subject structure. We
xxx xxx xxx dispute is owned in common by Juliet and John, the latter having have, however, ruled time and again that tax declarations do not
failed to establish by the required quantum of proof that the money prove ownership but at best an indicia of claims of
spent for the construction thereof solely came from him. Being a ownership.5 Payment of taxes is not proof of ownership, any more
. . . their property relations cannot be governed by the
coowner of the same structure, Juliet may not be ejected than indicating possession in the concept of an owner. 6 Neither tax
provision of the Civil Code on conjugal partnership... but by
therefrom. receipts nor declaration of ownership for taxation purposes are
the rule on coownership.
evidence of ownership or of the right to possess realty when not
While the question raised is essentially one of fact, of which the supported by other effective proofs.7
xxx xxx xxx
Court normally eschews from, yet, given the conflicting factual
findings of the three courts below, the Court shall go by the In this connection, Article 147 of the Family Code is instructive. It
. . . the parties' share in respect of the properties they have exception4 to the general rule and proceed to make its own reads:
accumulated during their cohabitation shall be equal unless assessment of the evidence.
there is proof to the contrary.
Art. 147. When a man and a woman who are capacitated to
First and foremost, it is undisputed that the parties hereto lived marry each other, live exclusively with each other as
To the CA, John's evidence failed to establish that he alone spent together as husband and wife from 1986 to 1995 without the husband and wife without the benefit of marriage or under a
for the construction of the annex structure. Hence, the same benefit of marriage. Neither is it disputed that sometime in void marriage, their wages and salaries shall be owned by
pertained to both, and being a coowner herself, Juliet cannot be December 1991, Juliet left for Korea and worked thereat, sending them in equal shares and the property acquired by both of
evicted therefrom, adding that if ever, John's cause of action money to John which the latter deposited in their joint account. In them through their work or industry shall be governed by
should have been for a sum of money "because he claims that fact, Juliet was still in Korea when the annex structure was the rules on coownership.
Juliet still owes him the payment for the extension." According to constructed in 1992.
the CA, ejectment cannot lie against Juliet because Juliet's
In the absence of proof to the contrary, properties acquired
possession of the premises in dispute was not by virtue of a
Other than John's bare allegation that he alone, thru his own funds while they lived together shall be presumed to have been
contract, express or implied, nor did she obtain such possession
and money he borrowed from his relatives, spent for the obtained by their joint efforts, work or industry, and shall be
thru force, intimidation, threat, strategy or stealth.
construction of the annex structure, evidence is wanting to support owned by them in equal shares. For purposes of this Article,
such naked claim. For sure, John even failed to reveal how much a party who did not participate in the acquisition by other
Hence, John's present recourse, submitting that the CA erred in – he spent therefor. Neither did he divulge the names of the alleged party of any property shall be deemed to have contributed
relatives from whom he made his borrowings, let alone the amount jointly in the acquisition thereof if the former's efforts
1. not giving effect to the parties' Memorandum of of money he borrowed from them. All that petitioner could offer consisted in the care and maintenance of the family and of
Agreement which should have been binding between them by way of reinforcing his claim of spending his own funds and the household.
albeit unsigned by both; borrowed money in putting up the subject structure was the
affidavit executed by a certain Manuel Macaraeg to the effect that The law is clear. In the absence, as here, of proofs to the contrary,
petitioner borrowed P30,000.00 from him. Even then, Macaraeg any property acquired by commonlaw spouses during their period
2. in holding that the subject premises (annex structure
stated in his affidavit that it was sometime in 1990 when John of cohabitation is presumed to have been obtained thru their joint
housing the sarisari store) is owned by the two of them in
borrowed said amount from him. With the petitioner's own efforts and is owned by them in equal shares. Their property
common;
admission that the subject structure was constructed only in 1992, relationship is governed by the rules on coownership. And under
or two years after he borrowed P30,000.00 from Macaraeg, it is this regime, they owned their properties in common "in equal
3. in ruling that the parties should settle their common even doubtful whether the amount he allegedly borrowed from the shares." Being herself a coowner of the structure in question,
properties in a separate action for partition even as the latter went into the construction of the structure in dispute. More, it Juliet, as correctly ruled by the CA, may not be ejected therefrom.
community character of the subject premises has not been is noted that while petitioner was able to present in evidence the
proven. Macaraeg affidavit, he failed to introduce similar affidavits, if any,
True it is that under Article 487 8 of the Civil Code, a coowner
of his close relatives from whom he claimed to have made similar
may bring an action for ejectment against a coowner who takes
We AFFIRM with modification. borrowings. For sure, not a single relative came forward to confirm
exclusive possession and asserts exclusive ownership of a common
petitioner's tale. In short, there is a paucity of evidence, testimonial
property. It bears stressing, however, that in this case, evidence is
118
totally wanting to establish John's or Juliet's exclusive ownership
of the property in question. Neither did Juliet obtain possession
thereof by virtue of a contract, express or implied, or thru
intimidation, threat, strategy or stealth. As borne by the record,
Juliet was in possession of the subject structure and the sari
sari store thereat by virtue of her being a coowner thereof. As
such, she is as much entitled to enjoy its possession and ownership
as John.
It is a matter of record that pursuant to said Agreement, Juliet did
pay John the amount of P232,397.66, as initial payment for John's
share in their common properties, with the balance of P196,472.34
payable in twelve monthly installments beginning November 1995.
It is also a matter of record that the Agreement was signed by the
witnesses thereto. Hence, the irrelevant circumstances that the
Agreement was left unsigned by Juliet and John cannot adversely
affect its binding force or effect between them, as evidently,
Juliet's initial payment of P232,397.66 to John was in fulfillment
of what the parties had agreed upon thereunder. However, and as
correctly held by the CA, Juliet's failure to pay John the balance of
the latter's share in their common properties could at best give rise
to an action for a sum of money against Juliet, or for rescission of
the said agreement and not for ejectment.
Costs against petitioner.
SO ORDERED.
119
Republic of the Philippines involving the lot covered by TCT No. 156283. Among the 1. PhP100,000.00 by way of moral damages;
SUPREME COURT documents Florencia submitted to procure the loan were a copy of
Manila TCT No. 156283, a photocopy of the marriagenullifying RTC 2. PhP75,000.00 by way of attorney’s fees; and
decision, and a document denominated as "Waiver" that Nicholson
purportedly executed on April 9, 1995. The waiver, made in favor
SECOND DIVISION 3. The costs.
of Florencia, covered the conjugal properties of the exspouses
listed therein, but did not incidentally include the lot in question.
G.R. No. 163744 February 29, 2008 SO ORDERED.5
Due to the failure of Florencia and the spouses Oliveros to pay
METROPOLITAN BANK AND TRUST CO., petitioner, their loan obligation when it fell due, Metrobank, on November 29, Even as it declared the invalidity of the mortgage, the trial court
vs. 1999, initiated foreclosure proceedings under Act No. 3135, as found the said lot to be conjugal, the same having been acquired
NICHOLSON PASCUAL a.k.a. NELSON amended, before the Office of the Notary Public of Makati City. during the existence of the marriage of Nicholson and Florencia. In
PASCUAL, respondent. Subsequently, Metrobank caused the publication of the notice of so ruling, the RTC invoked Art. 116 of the Family Code, providing
sale on three issues of Remate.3 At the auction sale on January 21, that "all property acquired during the marriage, whether the
2000, Metrobank emerged as the highest bidder. acquisition appears to have been made, contracted or registered in
D E C I S I O N
the name of one or both spouses, is presumed to be conjugal unless
the contrary is proved." To the trial court, Metrobank had not
Getting wind of the foreclosure proceedings, Nicholson filed on
VELASCO, JR., J.: overcome the presumptive conjugal nature of the lot. And being
June 28, 2000, before the RTC in Makati City, a Complaint to
conjugal, the RTC concluded that the disputed property may not be
declare the nullity of the mortgage of the disputed property,
Respondent Nicholson Pascual and Florencia Nevalga were validly encumbered by Florencia without Nicholson’s consent.
docketed as Civil Case No. 00789 and eventually raffled to
married on January 19, 1985. During the union, Florencia bought Branch 65 of the court. In it, Nicholson alleged that the property,
from spouses Clarito and Belen Sering a 250square meter lot with which is still conjugal property, was mortgaged without his The RTC also found the deed of waiver Florencia submitted to
a threedoor apartment standing thereon located in Makati City. consent. Metrobank to be fatally defective. For let alone the fact that
Subsequently, Transfer Certificate of Title (TCT) No. S101473/T Nicholson denied executing the same and that the signature of the
510 covering the purchased lot was canceled and, in lieu thereof, notarizing officer was a forgery, the waiver document was
Metrobank, in its Answer with Counterclaim and Cross
TCT No. 1562831 of the Registry of Deeds of Makati City was allegedly executed on April 9, 1995 or a little over three months
Claim,4 alleged that the disputed lot, being registered in Florencia’s
issued in the name of Florencia, "married to Nelson Pascual" a.k.a. before the issuance of the RTC decision declaring the nullity of
name, was paraphernal. Metrobank also asserted having approved
Nicholson Pascual. marriage between Nicholson and Florencia.
the mortgage in good faith.
122
far as it is legally possible to do so––quando res non valet ut ago, SO ORDERED.
valeat quantum valere potest.19
In view of our resolution on the validity of the auction of the lot in
favor of Metrobank, there is hardly a need to discuss at length
whether or not Metrobank was a mortgagee in good faith. Suffice it
to state for the nonce that where the mortgagee is a banking
institution, the general rule that a purchaser or mortgagee of the
land need not look beyond the four corners of the title is
inapplicable.20 Unlike private individuals, it behooves banks to
exercise greater care and due diligence before entering into a
mortgage contract. The ascertainment of the status or condition of
the property offered as security and the validity of the mortgagor’s
title must be standard and indispensable part of the bank’s
operation.21 A bank that failed to observe due diligence cannot be
accorded the status of a bona fide mortgagee,22 as here.
But as found by the CA, however, Metrobank’s failure to comply
with the due diligence requirement was not the result of a
dishonest purpose, some moral obliquity or breach of a known
duty for some interest or illwill that partakes of fraud that would
justify damages.
As modified, the Decision of the RTC shall read:
The claims of Nicholson for moral damages and attorney’s fees
are DENIED for lack of merit.
No pronouncement as to costs.
123
Republic of the Philippines Extrajudicial service of summons was effected upon respondent 1. Declaring the marriage between plaintiff ALAIN M.
SUPREME COURT who, at the time of the filing of the petition, was already living in DIÑO and defendant MA. CARIDAD L. DIÑO on January
Manila the United States of America. Despite receipt of the summons, 14, 1998, and all its effects under the law, as NULL and
respondent did not file an answer to the petition within the VOID from the beginning; and
SECOND DIVISION reglementary period. Petitioner later learned that respondent filed a
petition for divorce/dissolution of her marriage with petitioner, 2. Dissolving the regime of absolute community of property.
which was granted by the Superior Court of California on 25 May
G.R. No. 178044 January 19, 2011 2001. Petitioner also learned that on 5 October 2001, respondent
A DECREE OF ABSOLUTE NULLITY OF MARRIAGE shall
married a certain Manuel V. Alcantara.
only be issued upon compliance with Article[s] 50 and 51 of the
ALAIN M. DIÑO , Petitioner,
Family Code.
vs. On 30 April 2002, the Office of the Las Piñas prosecutor found
MA. CARIDAD L. DIÑO, Respondent. that there were no indicative facts of collusion between the parties
Let copies of this Decision be furnished the parties, the Office of
and the case was set for trial on the merits.
the Solicitor General, Office of the City Prosecutor, Las Piñas City
D E C I S I O N
and the Office of the Local Civil Registrar of Las Piñas City, for
Dr. Nedy L. Tayag (Dr. Tayag), a clinical psychologist, submitted their information and guidance.
CARPIO, J.: a psychological report establishing that respondent was suffering
from Narcissistic Personality Disorder which was deeply ingrained
SO ORDERED.4
in her system since her early formative years. Dr. Tayag found that
The Case
respondent’s disorder was longlasting and by nature, incurable.
Petitioner filed a motion for partial reconsideration questioning the
Before the Court is a petition for review1 assailing the 18 October dissolution of the absolute community of property and the ruling
In its 18 October 2006 Decision, the trial court granted the petition
2006 Decision2 and the 12 March 2007 Order3 of the Regional that the decree of annulment shall only be issued upon compliance
on the ground that respondent was psychologically incapacited to
Trial Court of Las Piñas City, Branch 254 (trial court) in Civil with Articles 50 and 51 of the Family Code.
comply with the essential marital obligations at the time of the
Case No. LP010149.
celebration of the marriage.
In its 12 March 2007 Order, the trial court partially granted the
The Antecedent Facts motion and modified its 18 October 2006 Decision as follows:
The Decision of the Trial Court
Article 45 of the Family Code, on the other hand, refers to voidable
marriages, meaning, marriages which are valid until they are set
aside by final judgment of a competent court in an action for
annulment.12 In both instances under Articles 40 and 45, the
marriages are governed either by absolute community of
property13 or conjugal partnership of gains14 unless the parties
agree to a complete separation of property in a marriage settlement
entered into before the marriage. Since the property relations of the
parties is governed by absolute community of property or conjugal
partnership of gains, there is a need to liquidate, partition and
distribute the properties before a decree of annulment could be
issued. That is not the case for annulment of marriage under
Article 36 of the Family Code because the marriage is governed by
the ordinary rules on coownership.
In this case, petitioner’s marriage to respondent was declared void
under Article 3615 of the Family Code and not under Article 40 or
45. Thus, what governs the liquidation of properties owned in
common by petitioner and respondent are the rules on co
ownership. In Valdes, the Court ruled that the property relations of
parties in a void marriage during the period of cohabitation is
governed either by Article 147 or Article 148 of the Family
126
Republic of the Philippines RTC Decision further provides for the "dissolution of their The Ruling of the Regional Trial Court
SUPREME COURT conjugal partnership of gains, if any."8
Manila In its 26 September 2008 Order, the RTC ruled in favor of Aguila.
On 10 September 2007, Aguila filed a Manifestation and The dispositive portion of the Order reads:
SECOND DIVISION Motion9 stating that she discovered: (a) two 200squaremeter
parcels of land with improvements located in San Bartolome, WHEREFORE, foregoing premises being considered, the
Quezon City, covered by Transfer Certificate of Title (TCT) No. petitioner and the respondent are hereby directed to partition
G.R. No. 202370 September 23, 2013
N259299A and TCT No. N255497; and (b) a 108squaremeter between themselves by proper instruments of conveyance, the
parcel of land with improvement located in Tondo, Manila, following properties, without prejudice to the legitime of their
JUAN SEVILLA SALAS, JR., Petitioner, covered by TCT No. 243373 (collectively, "Discovered legitimate child, Joan Jisselle Aguila Salas:
vs. Properties"). The registered owner of the Discovered Properties is
EDEN VILLENA AGUILA, Respondent. "Juan S.Salas, married to Rubina C. Salas." The manifestation was
(1) A parcel of land registered in the name of Juan S.
set for hearing on 21 September 2007. However, Salas’ notice of
Salas married to Rubina C. Salas located in San
D E C I S I O N hearing was returned unserved with the remark, "RTS Refused To
Bartolome, Quezon City and covered by TCT No. N
Receive."
259299A marked as Exhibit "A" and its
CARPIO, J.: improvements;
On 19 September 2007, Salas filed a Manifestation with Entry of
Appearance10 requesting for an Entry of Judgment of the RTC
The Case (2) A parcel of land registered in the name of Juan
Decision since no motion for reconsideration or appeal was filed
S.Salas married to Rubina C. Salas located in San
and no conjugal property was involved.
This petition for review on certiorari 1 assails the 16 March 2012 Bartolome, Quezon City and covered by TCT No. N
Decision2 and the 28 June 2012 Resolution 3 of the Court of 255497 marked as Exhibit "B" and its improvements;
On 21 September 2007, the hearing for Aguila’s manifestation
Appeals (CA) in CAG.R. CV No. 95322. The CA affirmed the 26
ensued, with Aguila, her counsel and the state prosecutor present.
September 2008 Order4 of the Regional Trial Court of Nasugbu, (3) A parcel of land registered in the name of Juan
During the hearing, Aguila testified that on 17 April 2007 someone
Batangas, Branch 14 (RTC), in Civil Case No. 787. S.Salas married to Rubina Cortez Salas located in
informed her of the existence of the Discovered Properties.
Tondo and covered by TCT No. 243373Ind. marked as
Thereafter, she verified the information and secured copies of
The Facts Exhibit "D" and its improvements.
TCTs of the Discovered Properties. When asked to clarify, Aguila
testified that Rubina C. Salas (Rubina) is Salas’ commonlaw
On 7 September 1985, petitioner Juan Sevilla Salas, Jr. (Salas) and wife.11 Thereafter, the Court shall confirm the partition so agreed upon
respondent Eden Villena Aguila (Aguila) were married. On 7 June bythe parties, and such partition, together with the Order of the
1986, Aguila gave birth to their daughter, Joan Jiselle. Five months Court confirming the same, shall be recorded in the Registry of
On 8 February 2008, Salas filed an Opposition to the
later, Salas left their conjugal dwelling. Since then, he no longer Deeds of the place in which the property is situated.
Manifestation12 alleging that there is no conjugal property to be
communicated with Aguila or their daughter. partitioned based on Aguila’s petition. According to Salas,
Aguila’s statement was a judicial admission and was not made SO ORDERED.13
On 7 October 2003, Aguila filed a Petition for Declaration of through palpable mistake. Salas claimed that Aguila waived her
Nullity of Marriage (petition) citing psychological incapacity right to the Discovered Properties. Salas likewise enumerated The RTC held that pursuant to the Rules,14 even upon entry of
under Article 36 of the Family Code. The petition states that they properties he allegedly waived in favor of Aguila, to wit:(1) judgment granting the annulment of marriage, the court can
"have no conjugal properties whatsoever."5 In the Return of parcels of land with improvements located in Sugar Landing proceed with the liquidation, partition and distribution of the
Summons dated 13 October 2003, the sheriff narrated that Salas Subdivision, Alangilan, Batangas City; No. 176 Brias Street, conjugal partnership of gains if it has not been judicially
instructed his mother Luisa Salas to receive the copy of summons Nasugbu, Batangas; P. Samaniego Street, Silangan, Nasugbu, adjudicated upon, as in this case. The RTC found that the
and the petition.6 Batangas; and Batangas City, financed by Filinvest; (2) cash Discovered Properties are among the conjugal properties to be
amounting to ₱200,000.00; and (3) motor vehicles, specifically partitioned and distributed between Salas and Aguila. However,
On 7 May 2007, the RTC rendered a Decision 7 declaring the Honda City and Toyota Tamaraw FX(collectively, "Waived the RTC held that Salas failed to prove the existence of the Waived
nullity of the marriage of Salas and Aguila (RTC Decision). The Properties"). Thus, Salas contended that the conjugal properties Properties.
were deemed partitioned.
127
On 11 November 2008, Rubina filed a ComplaintinIntervention, 1. The Court of Appeals erred in affirming the trial court’s Moreover, [Aguila] submitted original copy of Certification issued
claiming that: (1) she is Rubina Cortez, a widow and unmarried to decision ordering the partition of the parcels of land covered by Ms. Erlinda A. Dasal, Municipal Assessor of Nasugbu,
Salas; (2) the Discovered Properties are her paraphernal properties; by TCT Nos. N259299A and N255497 in Quezon City Batangas, certifying that [Aguila] has no real property (land and
(3) Salas did not contribute money to purchase the Discovered and as well as the property in Manila covered by TCT No. improvement) listed in the Assessment Roll for taxation purposes,
Properties as he had no permanent job in Japan; (4) the RTC did 243373 between petitioner and respondent. as of September 17, 2008.
not acquire jurisdiction over her as she was not a party in the case;
and (5) she authorized her brother to purchase the Discovered 2. The Court of Appeals erred in affirming the trial court’s Such evidence, in the absence of proof to the contrary, has the
Properties but because he was not wellversed with legal decision in not allowing Rubina C. Cortez to intervene in presumption of regularity. x x x.
documentation, he registered the properties in the name of "Juan S. this case18
Salas, married to Rubina C. Salas."
Suffice it to say that such real properties are existing and registered
The Ruling of the Court in the name of [Aguila], certified true copies thereof should have
In its 16 December 2009 Order, the RTC denied the Motion for been the ones submitted to this Court. Moreover, there is also a
Reconsideration filed by Salas. The RTC found that Salas failed to presumption that properties registered in the Registry of Deeds are
The petition lacks merit.
prove his allegation that Aguila transferred the Waived Properties also declared in the Assessment Roll for taxation purposes.22
to third persons. The RTC emphasized that it cannot go beyond the
TCTs, which state that Salas is the registered owner of the Since the original manifestation was an action for partition, this
Court cannot order a division of the property, unless it first makes On the other hand, Aguila proved that the Discovered Properties
Discovered Properties. The RTC further held that Salas and Rubina
a determination as to the existence of a coownership. 19 Thus, the were acquired by Salas during their marriage.1âwphi1 Both the
were at fault for failing to correct the TCTs, if they were not
settlement of the issue of ownership is the first stage in this RTC and the CA agreed that the Discovered Properties registered
married as they claimed.
action.20 in Salas’ name were acquired during his marriage with Aguila. The
TCTs of the Discovered Properties were entered on 2 July 1999
Hence, Salas filed an appeal with the CA. and 29 September 2003, or during the validity of Salas and
Basic is the rule that the party making an allegation in a civil case
Aguila’s marriage. In Villanueva v. Court of Appeals, 23 we held
has the burden of proving it by a preponderance of
The Ruling of the Court of Appeals that the question of whether the properties were acquired during
evidence.21 Salas alleged that contrary to Aguila’s petition stating
the marriage is a factual issue. Factual findings of the RTC,
that they had no conjugal property, they actually acquired the
On 16 March 2012, the CA affirmed the order of the RTC. 15 The particularly if affirmed by the CA, are binding on us, except under
Waived Properties during their marriage. However, the RTC
CA ruled that Aguila’s statement in her petition is not a judicial compelling circumstances not present in this case.24
found, and the CA affirmed, that Salas failed to prove the existence
admission. The CA pointed out that the petition was filed on 7 and acquisition of the Waived Properties during their marriage:
October 2003, but Aguila found the Discovered Properties only on On Salas’ allegation that he was not accorded due process for
17 April 2007 or before the promulgation of the RTC decision. failing to attend the hearing of Aguila’s manifestation, we find the
A perusal of the record shows that the documents submitted by
Thus, the CA concluded that Aguila was palpably mistaken in her allegation untenable. The essence of due process is opportunity to
[Salas] as the properties allegedly registered in the name of
petition and it would be unfair to punish her over a matter that she be heard. We hold that Salas was given such opportunity when he
[Aguila] are merely photocopies and not certified true copies,
had no knowledge of at the time she made the admission. The CA filed his opposition to the manifestation, submitted evidence and
hence, this Court cannot admit the same as part of the records of
also ruled that Salas was not deprived of the opportunity to refute filed his appeal.
this case. These are the following:
Aguila’s allegations in her manifestation, even though he was not
present in its hearing. The CA likewise held that Rubina cannot On both Salas and Rubina’s contention that Rubina owns the
collaterally attack a certificate of title. (1) TCT No. T65876 – a parcel of land located at
Discovered Properties, we likewise find the contention
Poblacion, Nasugbu, Batangas, registered in the name
unmeritorious. The TCTs state that "Juan S. Salas, married to
of Eden A. Salas, married to Juan Salas Jr. which is
In a Resolution dated 28 June 2012,16 the CA denied the Motion Rubina C. Salas" is the registered owner of the Discovered
cancelled by TCT No. T105443 in the name of Joan
for Reconsideration17 filed by Salas. Hence, this petition. Properties. A Torrens title is generally a conclusive evidence of the
Jiselle A. Salas, single;
ownership of the land referred to, because there is a strong
The Issues presumption that it is valid and regularly issued. 25 The phrase
(2) TCT No. T68066 – a parcel of land situated in the "married to" is merely descriptive of the civil status of the
Barrio of Landing, Nasugbu, Batangas, registered in the registered owner.26 Furthermore, Salas did not initially dispute the
Salas seeks a reversal and raises the following issues for name of Eden A. Salas, married to Juan S. Salas Jr. ownership of the Discovered Properties in his opposition to the
resolution:
manifestation. It was only when Rubina intervened that Salas
128
supported Rubina’s statement that she owns the Discovered descendants. In the absence of descendants, such share shall
Properties. belong to the innocent party. In all cases, the forfeiture shall take
place upon termination of the cohabitation. (Emphasis supplied)
Considering that Rubina failed to prove her title or her legal
interest in the Discovered Properties, she has no right to intervene Under this property regime, property acquired during the marriage
in this case. The Rules of Court provide that only "a person who is prima facie presumed to have been obtained through the
has a legal interest in the matter in litigation, or in the success of couple’s joint efforts and governed by the rules on co
either of the parties, or an interest against both, or is so situated as ownership.29 In the present case, Salas did not rebut this
to be adversely affected by a distribution or other disposition of presumption. In a similar case where the ground for nullity of
property in the custody of the court or of an officer thereof may, marriage was also psychological incapacity, we held that the
with leave of court, be allowed to intervene in the action."27 properties acquired during the union of the parties, as found by
both the RTC and the CA, would be governed by co
In Diño v. Diño,28 we held that Article 147 of the Family Code ownership.30 Accordingly, the partition of the Discovered
applies to the union of parties who are legally capacitated and not Properties as ordered by the RTC and the CA should be sustained,
barred by any impediment to contract marriage, but whose but on the basis of coownership and not on the regime of conjugal
marriage is nonetheless declared void under Article 36 of the partnership of gains.
Family Code, as in this case. Article147 of the Family Code
provides: WHEREFORE, we DENY the petition. We AFFIRM the Decision
dated16 March 2012 and the Resolution dated 28 June 2012 of the
ART. 147. When a man and a woman who are capacitated to marry Court of Appeals in CAG.R. CV No. 95322.
each other, live exclusively with each other as husband and wife
without the benefit of marriage or under a void marriage, their SO ORDERED.
wages and salaries shall be owned by them in equal shares and the
property acquired by both of them through their work or industry ANTONIO T. CARPIO
shall be governed by the rules on coownership. Associate Justice
In the absence of proof to the contrary, properties acquired while
they lived together shall be presumed to have been obtained by
their joint efforts, work or industry, and shall be owned by them in
equal shares. For purposes of this Article, a party who did not
participate in the acquisition by the other party of any property
shall be deemed to have contributed jointly in the acquisition
thereof if the former’s efforts consisted in the care and
maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or
her share in the property acquired during cohabitation and owned
in common, without the consent of the other, until after the
termination of their cohabitation.
When only one of the parties to a void marriage is in good faith,
the share of the party in bad faith in the coownership shall be
forfeited in favor of their common children. In case of default of or
waiver by any or all of the common children or their descendants,
each vacant share shall belong to the respective surviving
129
130
Republic of the Philippines Esteban’s prior marriage, on the other hand, was dissolved by The RTCManila dismissed the petition for lack of merit.
SUPREME COURT virtue of his wife’s death in 1960. According to Edilberto,
Manila sometime in 1968, Esteban purchased a portion of a lot situated at The RTCManila ruled that the marriage between Socorro and
2492 State Alley, Bonifacio Street, Vitas, Tondo, Manila (Vitas Esteban was void from the beginning. 10 Article 83 of the Civil
SECOND DIVISION property). The remaining portion was thereafter purchased by Code, which was the governing law at the time Esteban and
Evangeline on her father’s behalf sometime in 1970.4 The Vitas Socorro were married, provides:
property was covered by Transfer Certificate of Title No. 141782,
G.R. No. 202932 October 23, 2013 dated 11 December 1980, issued to "Esteban Abletes, of legal age,
Art. 83. Any marriage subsequently contracted by any person
Filipino, married to Socorro Torres."5
during the lifetime of the first spouse of such person shall be illegal
EDILBERTO U. VENTURA JR., Petitioner,
and void from its performance unless:
vs. Edilberto also claimed that starting 1978, Evangeline and Esteban
SPOUSES PAULINO and EVANGELINE operated small business establishments located at 903 and 905
1. The first marriage was annulled or dissolved; or
ABUDA, Respondents. Delpan Street, Tondo, Manila (Delpan property).6
2. The first spouse had been absent for seven consecutive
D E C I S I O N On 6 September 1997, Esteban sold the Vitas and Delpan
years at the time of the second marriage without the spouse
properties to Evangeline and her husband, Paulino Abuda
present having news of the absentee being alive, or if the
CARPIO, J.: (Paulino).7 According to Edilberto:
absentee, though he has been absent for less than seven
years, is generally considered as dead and believed to be so
The Case when Esteban was diagnosed with colon cancer sometime in 1993, by the spouse present at the time of contracting such
he decided to sell the Delpan and Vitas properties to Evangeline. subsequent marriage, or if the absentee is presumed dead
Evangeline continued paying the amortizations on the two (2) according to articles 390 and 391. The marriage so
This petition for review on certiorari seeks to annul the
properties situated in Delpan Street. The amortizations, together contracted shall be valid in any of the three cases until
Decision1 dated 9 March 2012 of the Court of Appeals (CA) in
with the amount of Two Hundred Thousand Pesos (Php declared null and void.
CAG.R. CV No. 92330 and the Resolution2 dated 3 August 2012
200,000.00), which Esteban requested as advance payment, were
denying the motion for reconsideration. The Decision and
considered part of the purchase price of the Delpan properties.
Resolution dismissed the Appeal dated 23 October 2009 and During trial, Edilberto offered the testimony of Socorro’s
Evangeline likewise gave her father Fifty Thousand Pesos (Php
affirmed with modification the Decision3 dated 24 November 2008 daughterinlaw Conchita Ventura (Conchita). In her first affidavit,
50,000.00) for the purchase of the Vitas properties and she
of the Regional Trial Court of Manila, Branch 32 (RTCManila). Conchita claimed that Crispin, who was a seaman, had been
shouldered his medical expenses.8
missing and unheard from for 35 years. However, Conchita
The Facts recanted her earlier testimony and executed an Affidavit of
Esteban passed away on 11 September 1997, while Socorro passed Retraction.11
away on 31 July 1999.
The RTCManila and the CA found the facts to be as follows:
The RTCManila ruled that the lack of a judicial decree of nullity
Sometime in 2000, Leonora Urquila (Leonora), the mother of does not affect the status of the union. It applied our ruling in Niñal
Socorro Torres (Socorro) and Esteban Abletes (Esteban) were Edilberto, discovered the sale. Thus, Edilberto, represented by v. Badayog:12
married on 9 June 1980. Although Socorro and Esteban never had Leonora, filed a Petition for Annulment of Deeds of Sale before
common children, both of them had children from prior marriages: the RTCManila. Edilberto alleged that the sale of the properties
Esteban had a daughter named Evangeline Abuda (Evangeline), Jurisprudence under the Civil Code states that no judicial decree is
was fraudulent because Esteban’s signature on the deeds of sale
and Socorro had a son, who was the father of Edilberto U. Ventura, necessary in order to establish the nullity of a marriage. x x x
was forged. Respondents, on the other hand, argued that because of
Jr. (Edilberto), the petitioner in this case. Socorro’s prior marriage to Crispin, her subsequent marriage to
Esteban was null and void. Thus, neither Socorro nor her heirs can Under ordinary circumstances, the effect of a void marriage, so far
Evidence shows that Socorro had a prior subsisting marriage to claim any right or interest over the properties purchased by as concerns the conferring of legal rights upon the parties, is as
Crispin Roxas (Crispin) when she married Esteban. Socorro Esteban and respondents.9 though no marriage had ever taken place. And therefore, being
married Crispin on 18 April 1952. This marriage was not annulled, good for no legal purpose, its invalidity can be maintained in any
and Crispin was alive at the time of Socorro’s marriage to Esteban. proceeding in which [the] fact of marriage may be material, either
The Ruling of the RTCManila
direct or collateral, in any civil court between any parties at any
131
time, whether before or after the death of either or both the also operating Vangie’s Canvas Store at 905 Del Pan Street, If one of the parties is validly married to another, his or her share
husband and the wife, and upon mere proof of the facts rendering Tondo, Manila, which was evidenced by Certificate of Registration in the coownership shall accrue to the absolute community or
such marriage void, it will be disregarded or treated as nonexistent of Business Name issued in her favor on 09 November 1998 x x x. conjugal partnership existing in such valid marriage. If the party
by the courts.13 When the BLISS project was constructed in 1980, the property who acted in bad faith is not validly married to another, his or her
became known as Units D9 and D10. At first, her father [paid] share shall be forfeited in the manner provided in the last
According to the RTCManila, the Vitas and Delpan properties are for the amortizations for these two (2) parcels of land but when he paragraph of the preceding Article.
not conjugal, and are governed by Articles 144 and 485 of the got sick with colon cancer in 1993, he asked respondents to
Civil Code, to wit: continue paying for the amortizations x x x. [Evangeline] paid a The foregoing rules on forfeiture shall likewise apply even if both
total of ₱195,259.52 for Unit D9 as shown by the 37 pieces of parties are in bad faith.
receipts x x x and the aggregate amount of ₱188,596.09 for Unit
Art. 144. When a man and a woman live together as husband and
D10, as evidenced by 36 receipts x x x.15
wife, but they are not married, or their marriage is void from the The CA applied our ruling in Saguid v. Court of Appeals, 19 and
beginning, the property acquired by either or both of them through held that the foregoing provision applies "even if the cohabitation
their work or industry or their wages and salaries shall be governed The RTCManila concluded that Socorro did not contribute any or the acquisition of the property occurred before the effectivity of
by the rules on coownership. funds for the acquisition of the properties. Hence, she cannot be the Family Code."20 The CA found that Edilberto failed to prove
considered a coowner, and her heirs cannot claim any rights over that Socorro contributed to the purchase of the Vitas and Delpan
the Vitas and Delpan properties.16 properties. Edilberto was unable to provide any documentation
Art. 485. The share of the coowners, in the benefits as well as in
the charges, shall be proportional to their respective interests. Any evidencing Socorro’s alleged contribution.21
stipulation in a contract to the contrary shall be void. Aggrieved, Edilberto filed an appeal before the CA.
On 2 April 2012, Edilberto filed a Motion for
The portions belonging to the coowners in the coownership shall The Ruling of the CA Reconsideration,22 which was denied by the CA in its Resolution
be presumed equal, unless the contrary is proved. dated 3 August 2012.23
In its Decision17 dated 9 March 2012, the CA sustained the
The RTCManila then determined the respective shares of Socorro decision of the RTCManila. The dispositive portion of the CA Hence, this petition.
and Esteban in the properties. It found that: Decision reads:
The Ruling of this Court
with respect to the property located at 2492 State Alley, Bonifacio WHEREFORE, the Appeal is hereby DENIED and the challenged
St. Vitas, Tondo, Manila covered by TCT No. 141782, formerly Decision of the court a quo STANDS. We deny the petition.
Marcos Road, Magsaysay Village, Tondo, Manila, [Evangeline]
declared that part of it was first acquired by her father Esteban SO ORDERED.18 Edilberto admitted that in unions between a man and a woman who
Abletes sometime in 1968 when he purchased the right of are incapacitated to marry each other, the ownership over the
Ampiano Caballegan. Then, in 1970, she x x x bought the right to The CA ruled, however, that the RTCManila should have applied properties acquired during the subsistence of that relationship shall
onehalf of the remaining property occupied by Ampiano Article 148 of the Family Code, and not Articles 144 and 485 of be based on the actual contribution of the parties. He even quoted
Caballegan. However, during the survey of the National Housing the Civil Code. Article 148 of the Family Code states that in our ruling in Borromeo v. Descallar24 in his petition:
Authority, she allowed the whole lot to be registered in her father’s unions between a man and a woman who are incapacitated to
name. As proof thereof, she presented Exhibits "8" to "11" x x x. marry each other: It is necessary for each of the partners to prove his or her actual
These documents prove that that she has been an occupant of the
contribution to the acquisition of property in order to be able to lay
said property in Vitas, Tondo even before her father and Socorro
x x x only the properties acquired by both of the parties through claim to any portion of it. Presumptions of coownership and equal
Torres got married in June, 1980.14
their actual joint contribution of money, property, or industry shall contribution do not apply.25
be owned by them in common in proportion to their respective
Anent the parcels of land and improvements thereon 903 and 905 contributions. In the absence of proof to the contrary, their This is a reiteration of Article 148 of the Family Code, which the
Del Pan Street, Tondo, Manila, x x x Evangeline professed that in contributions and corresponding shares are presumed to be equal. CA applied in the assailed decision:
1978, before her father met Socorro Torres and before the The same rule and presumption shall apply to joint deposits of
construction of the BLISS Project thereat, her father [already had] money and evidences of credit.
a bodega of canvas (lona) and a sewing machine to sew the canvas Art 148. In cases of cohabitation [wherein the parties are
being sold at 903 Del Pan Street, Tondo Manila. In 1978, she was incapacitated to marry each other], only the properties acquired by
132
both of the parties through their actual joint contribution of money, property. Thus, the mere fact that respondent has the titles of the WHEREFORE, the petition is DENIED. The Decision dated 9
property, or industry shall be owned by them in common in disputed properties in her name does not necessarily, conclusively March 2012 of the Court of Appeals in CAG.R. CV No. 92330 is
proportion to their respective contributions. In the absence of proof and absolutely make her the owner. The rule on indefeasibility of AFFIRMED.
to the contrary, their contributions and corresponding shares are title likewise does not apply to respondent. A certificate of title
presumed to be equal. The same rule and presumption shall apply implies that the title is quiet, and that it is perfect, absolute and SO ORDERED.
to joint deposits of money and evidences of credit. indefeasible. However, there are welldefined exceptions to this
rule, as when the transferee is not a holder in good faith and did
ANTONIO T. CARPIO
If one of the parties is validly married to another, his or her share not acquire the subject properties for a valuable consideration.
Associate Justice
in the coownership shall accrue to the absolute community or
conjugal partnership existing in such valid marriage. If the party Edilberto claims that Esteban s actual contribution to the purchase
who acted in bad faith is not validly married to another, his or her of the Delpan property was not sufficiently proven since
share shall be forfeited in the manner provided in the last Evangeline shouldered some of the amortizations. 28 Thus, the law
paragraph of the preceding Article. presumes that Esteban and Socorro jointly contributed to the
acquisition of the Del pan property.
The foregoing rules on forfeiture shall likewise apply even if both
parties are in bad faith. We cannot sustain Edilberto s claim. Both the RTCManila and the
CA found that the Delpan property was acquired prior to the
Applying the foregoing provision, the Vitas and Delpan properties marriage of Esteban and Socorro. 29 Furthermore, even if payment
can be considered common property if: (1) these were acquired of the purchase price of the Delpan property was made by
during the cohabitation of Esteban and Socorro; and (2) there is Evangeline, such payment was made on behalf of her father.
evidence that the properties were acquired through the parties’ Article 1238 of the Civil Code provides:
actual joint contribution of money, property, or industry.
Art. 1238. Payment made by a third person who does not intend to
Edilberto argues that the certificate of title covering the Vitas be reimbursed by the debtor is deemed to be a donation, which
property shows that the parcel of land is coowned by Esteban and requires the debtor s consent. But the payment is in any case valid
Socorro because: (1) the Transfer Certificate of Title was issued on as to the creditor who has accepted it.
11 December 1980, or several months after the parties were
married; and (2) title to the land was issued to "Esteban Abletes, of Thus, it is clear that Evangeline paid on behalf of her father, and
legal age, married to Socorro Torres."26 the parties intended that the Delpan property would be owned by
and registered under the name of Esteban.
We disagree. The title itself shows that the Vitas property is owned
by Esteban alone.1âwphi1 The phrase "married to Socorro Torres" During trial, the Abuda spouses presented receipts evidencing
is merely descriptive of his civil status, and does not show that payments of the amortizations for the Delpan property.1âwphi1 On
Socorro coowned the property.27 The evidence on record also the other hand, Edilberto failed to show any evidence showing
shows that Esteban acquired ownership over the Vitas property Socorro s alleged monetary contributions. As correctly pointed out
prior to his marriage to Socorro, even if the certificate of title was by the CA:
issued after the celebration of the marriage. Registration under the
Torrens title system merely confirms, and does not vest title. This settled is the rule that in civil cases x x x the burden of proof rests
was admitted by Edilberto on page 9 of his petition wherein he upon the party who, as determined by the pleadings or the nature
quotes an excerpt of our ruling in Borromeo: of the case, asserts the affirmative of an issue. x x x. Here it is
Appellant who is duty bound to prove the allegations in the
Registration is not a mode of acquiring ownership. It is only a complaint which undoubtedly, he miserably failed to do so.30
means of confirming the fact of its existence with notice to the
world at large. Certificates of title are not a source of right. The
mere possession of a title does not make one the true owner of the
133
134
Republic of the Philippines a. Lot 1, Block 3 of the consolidated survey of Lots 2144 & 2147 Dumaguete City was contrary to Article 89 of the Family Code,
SUPREME COURT of the Dumaguete Cadastre, covered by Transfer Certificate of hence, invalid.13
Manila Title (TCT) No. 22846, containing an area of 252 square meters
(sq.m.), including a residential house constructed thereon. For her part, respondent maintained that the money used for the
SECOND DIVISION purchase of the lots came exclusively from her personal funds, in
b. Lot 2142 of the Dumaguete Cadastre, covered by TCT No. particular, her earnings from selling jewelry as well as products
21974, containing an area of 806 sq.m., including a residential from Avon, Triumph and Tupperware.14 She further asserted that
G.R. No. 195670 December 3, 2012
house constructed thereon. after she filed for annulment of their marriage in 1996, petitioner
WILLEM BEUMER, Petitioner, transferred to their second house and brought along with him
vs. c. Lot 5845 of the Dumaguete Cadastre, covered by TCT No. certain personal properties, consisting of drills, a welding machine,
AVELINA AMORES, Respondent. 21306, containing an area of 756 sq.m. grinders, clamps, etc. She alleged that these tools and equipment
have a total cost of P500,000.00.15
D E C I S I O N d. Lot 4, Block 4 of the consolidated survey of Lots 2144 & 2147
of the Dumaguete Cadastre, covered by TCT No. 21307, The RTC Ruling
PERLASBERNABE, J.: containing an area of 45 sq.m.
On February 28, 2007, the RTC of Negros Oriental, Branch 34
By way of inheritance: rendered its Decision, dissolving the parties’ conjugal partnership,
Before the Court is a Petition for Review on Certiorari under Rule
1
awarding all the parcels of land to respondent as her paraphernal
45 of the Rules of CoLlli assailing the October 8, 2009
properties; the tools and equipment in favor of petitioner as his
Decision2 and January 24, 2011 Resolution3 of the court of Appeals e. 1/7 of Lot 2055A of the Dumaguete Cadastre, covered by TCT
exclusive properties; the two (2) houses standing on Lots 1 and
(CA) in CAG.R. CV No. 01940, which affirmed the February 28, No. 23567, containing an area of 2,635 sq.m. (the area that
2142 as coowned by the parties, the dispositive of which reads:
2007 Decision4 of the Regional Trial Court (RTC) of Negros appertains to the conjugal partnership is 376.45 sq.m.).
Oriental, Branch 34 in Civil Case No. I 2884. The foregoing
rulings dissolved the conjugal partnership of gains of Willem WHEREFORE, judgment is hereby rendered granting the
f. 1/15 of Lot 2055I of the Dumaguete Cadastre, covered by TCT
Beumer (petitioner) and Avelina Amores (respondent) and dissolution of the conjugal partnership of gains between petitioner
No. 23575, containing an area of 360 sq.m. (the area that
distributed the properties forming part of the said property regime. Willem Beumer and respondent Avelina Amores considering the
appertains to the conjugal partnership is 24 sq.m.).7
fact that their marriage was previously annulled by Branch 32 of
this Court. The parcels of land covered by Transfer Certificate of
The Factual Antecedents In defense,8 respondent averred that, with the exception of their Titles Nos. 22846, 21974, 21306, 21307, 23567 and 23575 are
two (2) residential houses on Lots 1 and 2142, she and petitioner hereby declared paraphernal properties of respondent Avelina
Petitioner, a Dutch National, and respondent, a Filipina, married in did not acquire any conjugal properties during their marriage, the Amores due to the fact that while these real properties were
March 29, 1980. After several years, the RTC of Negros Oriental, truth being that she used her own personal money to purchase Lots acquired by onerous title during their marital union, Willem
Branch 32, declared the nullity of their marriage in the 1, 2142, 5845 and 4 out of her personal funds and Lots 2055A and Beumer, being a foreigner, is not allowed by law to acquire any
Decision5 dated November 10, 2000 on the basis of the former’s 2055I by way of inheritance.9 She submitted a joint affidavit private land in the Philippines, except through inheritance.
psychological incapacity as contemplated in Article 36 of the executed by her and petitioner attesting to the fact that she
Family Code. purchased Lot 2142 and the improvements thereon using her own
The personal properties, i.e., tools and equipment mentioned in the
money.10 Accordingly, respondent sought the dismissal of the
complaint which were brought out by Willem from the conjugal
Consequently, petitioner filed a Petition for Dissolution of petition for dissolution as well as payment for attorney’s fees and
dwelling are hereby declared to be exclusively owned by the
Conjugal Partnership6 dated December 14, 2000 praying for the litigation expenses.11
petitioner.
distribution of the following described properties claimed to have
been acquired during the subsistence of their marriage, to wit: During trial, petitioner testified that while Lots 1, 2142, 5845 and 4
The two houses standing on the lots covered by Transfer
were registered in the name of respondent, these properties were
Certificate of Title Nos. 21974 and 22846 are hereby declared to
By Purchase: acquired with the money he received from the Dutch government
be coowned by the petitioner and the respondent since these were
as his disability benefit12 since respondent did not have sufficient
acquired during their marital union and since there is no
income to pay for their acquisition. He also claimed that the joint
prohibition on foreigners from owning buildings and residential
affidavit they submitted before the Register of Deeds of
135
units. Petitioner and respondent are, thereby, directed to subject Consequently, petitioner filed the instant Petition for Review on has been inequitable, unfair and dishonest, or fraudulent, or
this court for approval their project of partition on the two houses Certiorari assailing the CA Decision due to the following error: deceitful.27
aforementioned.
UNDER THE FACTS ESTABLISHED, THE COURT ERRED IN In this case, petitioner’s statements regarding the real source of the
The Court finds no sufficient justification to award the NOT SUSTAINING THE PETITIONER’S ATTEMPT AT funds used to purchase the subject parcels of land dilute the
counterclaim of respondent for attorney’s fees considering the well SUBSEQUENTLY ASSERTING OR CLAIMING A RIGHT OF veracity of his claims: While admitting to have previously
settled doctrine that there should be no premium on the right to HALF OR WHOLE OF THE PURCHASE PRICE USED IN THE executed a joint affidavit that respondent’s personal funds were
litigate. The prayer for moral damages are likewise denied for lack PURCHASE OF THE REAL PROPERTIES SUBJECT OF THIS used to purchase Lot 1,28 he likewise claimed that his personal
of merit. CASE.22 (Emphasis supplied) disability funds were used to acquire the same. Evidently, these
inconsistencies show his untruthfulness. Thus, as petitioner has
No pronouncement as to costs. The Ruling of the Court come before the Court with unclean hands, he is now precluded
from seeking any equitable refuge.
SO ORDERED.16 The petition lacks merit.
In any event, the Court cannot, even on the grounds of equity,
grant reimbursement to petitioner given that he acquired no right
It ruled that, regardless of the source of funds for the acquisition of The issue to be resolved is not of first impression. In In Re:
whatsoever over the subject properties by virtue of its
Lots 1, 2142, 5845 and 4, petitioner could not have acquired any Petition For Separation of PropertyElena Buenaventura Muller v.
unconstitutional purchase. It is wellestablished that equity as a
right whatsoever over these properties as petitioner still attempted Helmut Muller23 the Court had already denied a claim for
rule will follow the law and will not permit that to be done
to acquire them notwithstanding his knowledge of the reimbursement of the value of purchased parcels of Philippine land
indirectly which, because of public policy, cannot be done
constitutional prohibition against foreign ownership of private instituted by a foreigner Helmut Muller, against his former Filipina
directly.29 Surely, a contract that violates the Constitution and the
lands.17 This was made evident by the sworn statements petitioner spouse, Elena Buenaventura Muller. It held that Helmut Muller
law is null and void, vests no rights, creates no obligations and
executed purporting to show that the subject parcels of land were cannot seek reimbursement on the ground of equity where it is
produces no legal effect at all. 30 Corollary thereto, under Article
purchased from the exclusive funds of his wife, the herein clear that he willingly and knowingly bought the property despite
1412 of the Civil Code,31 petitioner cannot have the subject
respondent.18 Petitioner’s plea for reimbursement for the amount he the prohibition against foreign ownership of Philippine
properties deeded to him or allow him to recover the money he had
had paid to purchase the foregoing properties on the basis of equity land24 enshrined under Section 7, Article XII of the 1987 Philippine
spent for the purchase thereof. The law will not aid either party to
was likewise denied for not having come to court with clean hands. Constitution which reads:
an illegal contract or agreement; it leaves the parties where it finds
them.32 Indeed, one cannot salvage any rights from an
The CA Ruling Section 7. Save in cases of hereditary succession, no private lands unconstitutional transaction knowingly entered into.
shall be transferred or conveyed except to individuals,
Petitioner elevated the matter to the CA, contesting only the RTC’s corporations, or associations qualified to acquire or hold lands of
Neither can the Court grant petitioner’s claim for reimbursement
award of Lots 1, 2142, 5845 and 4 in favor of respondent. He the public domain.
on the basis of unjust enrichment. 33 As held in Frenzel v. Catito, a
insisted that the money used to purchase the foregoing properties case also involving a foreigner seeking monetary reimbursement
came from his own capital funds and that they were registered in Undeniably, petitioner openly admitted that he "is well aware of for money spent on purchase of Philippine land, the provision on
the name of his former wife only because of the constitutional the abovecited constitutional prohibition"25 and even asseverated unjust enrichment does not apply if the action is proscribed by the
prohibition against foreign ownership. Thus, he prayed for that, because of such prohibition, he and respondent registered the Constitution, to wit:
reimbursement of onehalf (1/2) of the value of what he had paid in subject properties in the latter’s name. 26 Clearly, petitioner’s
the purchase of the said properties, waiving the other half in favor actuations showed his palpable intent to skirt the constitutional
Futile, too, is petitioner's reliance on Article 22 of the New Civil
of his estranged exwife.19 prohibition. On the basis of such admission, the Court finds no
Code which reads:
reason why it should not apply the Muller ruling and accordingly,
On October 8, 2009, the CA promulgated a Decision 20 affirming in deny petitioner’s claim for reimbursement.
Art. 22. Every person who through an act of performance by
toto the judgment rendered by the RTC of Negros Oriental, Branch
another, or any other means, acquires or comes into possession of
34. The CA stressed the fact that petitioner was "wellaware of the As also explained in Muller, the timehonored principle is that he
something at the expense of the latter without just or legal ground,
constitutional prohibition for aliens to acquire lands in the who seeks equity must do equity, and he who comes into equity
shall return the same to him.1âwphi1
Philippines."21 Hence, he cannot invoke equity to support his claim must come with clean hands. Conversely stated, he who has done
for reimbursement. inequity shall not be accorded equity. Thus, a litigant may be
denied relief by a court of equity on the ground that his conduct
136
The provision is expressed in the maxim: "MEMO CUM
ALTERIUS DETER DETREMENTO PROTEST" (No person
should unjustly enrich himself at the expense of another). An
action for recovery of what has been paid without just cause has
been designated as an accion in rem verso. This provision does not
apply if, as in this case, the action is proscribed by the Constitution
or by the application of the pari delicto doctrine. It may be unfair
and unjust to bar the petitioner from filing an accion in rem verso
over the subject properties, or from recovering the money he paid
for the said properties, but, as Lord Mansfield stated in the early
case of Holman v. Johnson: "The objection that a contract is
immoral or illegal as between the plaintiff and the defendant,
sounds at all times very ill in the mouth of the defendant. It is not
for his sake, however, that the objection is ever allowed; but it is
founded in general principles of policy, which the defendant has
the advantage of, contrary to the real justice, as between him and
the plaintiff."34 (Citations omitted)
Nor would the denial of his claim amount to an injustice based on
his foreign citizenship.35 Precisely, it is the Constitution itself
which demarcates the rights of citizens and noncitizens in owning
Philippine land. To be sure, the constitutional ban against
foreigners applies only to ownership of Philippine land and not to
the improvements built thereon, such as the two (2) houses
standing on Lots 1 and 2142 which were properly declared to be
coowned by the parties subject to partition. Needless to state, the
purpose of the prohibition is to conserve the national
patrimony36 and it is this policy which the Court is dutybound to
protect.
WHEREFORE, the petition is DENIED. Accordingly, the assailed
October 8, 2009 Decision and January 24, 2011 Resolution of the
Court of Appeals in CAG.R. CV No. 01940 are AFFIRMED.
SO ORDERED.
ESTELA M. PERLASBERNABE
Associate Justice
137
Republic of the Philippines The decision became final, since no party appealed the judgment requirement that the properties must first be proven to have been
SUPREME COURT annulling the marriage. acquired during the marriage before they are presumed conjugal.
Manila
On March 31, 1999, the trial court directed the parties to submit a The applicable law, however, in so far as the liquidation of the
THIRD DIVISION project of partition of their inventoried properties, and if they conjugal partnership assets and liability is concerned, is Article
failed to do so, a hearing will be held on the factual issues with 129 of the Family Code in relation to Article 147 of the Family
G.R. No. 198908 August 3, 2012 regard to said properties. Having failed to agree on a project of Code.
VIRGINIA OCAMPO, Petitioner, partition of their conjugal properties, hearing ensued where the
The Court held that in a void marriage, as in those declared void
vs. parties adduced evidence in support of their respective stand.
under Article 36 of the Family Code, the property relations of the
DEOGRACIO OCAMPO, Respondent. On January 13, 2004, the trial court rendered the assailed Order parties during the period of cohabitation is governed either by
stating that the properties declared by the parties belong to each Article 147 or Article 148 of the Family Code. Article 147 of the
D E C I S I O N
one of them on a 5050 sharing. Family Code applies to union of parties who are legally capacitated
PERALTA, J.: and not barred by any impediment to contract marriage, but whose
On February 2, 2004, Virginia filed a Notice of Appeal before the
marriage is nonetheless void, as in this case. Article 147 of the
This is a Petition for Review on Certiorari under Rule 45 of the trial court.
Family Code provides:
Rules of Court seeking the reversal of the Decision dated August
On February 13, 2004, Deogracio filed a Motion to Deny and/or
11, 2010 and Resolution dated October 5, 2011, respectively, of Article 147. When a man and a woman who are capacitated
Dismiss the Notice of Appeal and for immediate execution
the Court of Appeals (CA) in CAG.R. CV No. 82318, which to marry each other, live exclusively with each other as
pursuant to Section 20 of A.M. No. 02110.
denied the petitioner's appeal and motion for reconsideration. husband and wife without the benefit of marriage or under a
On February 20, 2004, the trial court denied the aforesaid motion void marriage, their wages and salaries shall be owned by
The facts of the case, as culled from the records, are as follows:
to deny and/or dismiss the notice of appeal for lack of merit. them in equal shares and the property acquired by both of
On September 10, 1990, petitioner Virginia Sy Ocampo (Virginia) them through their work or industry shall be governed by
On March 4, 2004, Deogracio filed a Motion for Reconsideration.
filed a Petition for Declaration of Nullity of her Marriage with the rules on coownership.
On March 22, 2004, the trial court denied anew the motion for
Deogracio Ocampo (Deogracio) before Regional Trial Court of In the absence of proof to the contrary, properties
reconsideration.
Quezon City, Branch 87, on the ground of psychological acquired while they lived together shall be presumed to
incapacity, docketed as Civil Case No. Q906616. In the disputed Decision dated August 11, 2010, the Court of have been obtained by their joint efforts, work or industry,
Appeals denied Virginia's appeal. Virginia moved for and shall be owned by them in equal shares.
On January 22, 1993, the trial court rendered a Decision declaring
reconsideration, but was denied in a Resolution dated October 5,
the marriage between Virginia and Deogracio as null and void, the For purposes of this Article, a party who did not
2011. Thus, the instant petition for review substantially
dispositive portion of which reads: participate in the acquisition by the other party of any
questioning whether respondent should be deprived of his share in
property shall be deemed to have contributed jointly in the
WHEREFORE, the petition is hereby GRANTED. The the conjugal partnership of gains by reason of bad faith and acquisition thereof if the former’s efforts consisted in the
marriage between the petitioner and the respondent is psychological perversity. care and maintenance of the family and of the household.
hereby declared null and void from the beginning under
The petition lacks merit. Neither party can encumber or dispose by acts inter vivos of
Article 36 of the Family Code. The status of their children,
however, shall remain legitimate and their custody is hereby While Virginia and Deogracio tied the marital knot on January 16, his or her share in the property acquired during cohabitation
awarded to the petitioner. 1978, it is still the Family Code provisions on conjugal and owned in common, without the consent of the other,
partnerships, however, which will govern the property relations until after the termination of their cohabitation.
As to the couple's property relations, their conjugal
between Deogracio and Virginia even if they were married before When only one of the parties to a void marriage is in good
partnership of gains shall necessarily be dissolved and
the effectivity of the Family Code. faith, the share of the party in bad faith in the coownership
liquidated but since the petitioner has not submitted any
detailed and formal listing or inventory of such property, the Article 105 of the Family Code explicitly mandates that the Family shall be forfeited in favor of their common children. In case
court cannot act now on the liquidation aspect. The parties Code shall apply to conjugal partnerships established before the of default of or waiver by any or all of the common children
are given thirty (30) days to submit an inventory of their Family Code without prejudice to vested rights already acquired or their descendants, each vacant share shall belong to the
conjugal partnership for the purpose of liquidation. under the Civil Code or other laws. Thus, under the Family Code, respective surviving descendants. In the absence of
if the properties are acquired during the marriage, the presumption descendants, such share shall belong to the innocent party.
is that they are conjugal. Hence, the burden of proof is on the party In all cases, the forfeiture shall take place upon termination
IT IS SO ORDERED.
claiming that they are not conjugal. This is counterbalanced by the of the cohabitation.
138
This particular kind of coownership applies when a man and a This Court keenly observes that only testimonial evidence the marriage, regardless in whose name the properties are
woman, suffering no illegal impediment to marry each other, was presented by the parties respectively, to prove and registered, are presumed conjugal unless proved otherwise. The
exclusively live together as husband and wife under a void dispute the claim of the other with regard to the properties presumption is not rebutted by the mere fact that the certificate of
marriage or without the benefit of marriage. It is clear, therefore, and assets acquired during the marriage. In the absence, title of the property or the tax declaration is in the name of one of
that for Article 147 to operate, the man and the woman: (1) must therefore, of any documentary evidence to prove the the spouses only. Article 116 expressly provides that the
be capacitated to marry each other; (2) live exclusively with each contrary, all the properties acquired by the spouses during presumption remains even if the property is "registered in the name
other as husband and wife; and (3) their union is without the the marriage are presumed conjugal. Further, the testimonial of one or both of the spouses." 18 Thus, the failure of Virginia to
benefit of marriage or their marriage is void, as in the instant case. evidence adduced by the petitioner aimed at establishing rebut this presumption, said properties were obtained by the
The term "capacitated" in the first paragraph of the provision that respondent took no part in acquiring said properties spouses' joint efforts, work or industry, and shall be jointly owned
pertains to the legal capacity of a party to contract marriage. Any failed to convince this Court that the latter be given only a by them in equal shares. Accordingly, the partition of the former
impediment to marry has not been shown to have existed on the meager share thereof. spouses' properties on the basis of coownership, as ordered by the
part of either Virginia or Deogracio. They lived exclusively with RTC and the appellate court, should be affirmed, and not on the
While it may be true that management of the businesses
each other as husband and wife. However, their marriage was regime of conjugal partnership of gains.
referred to herein may have been actively undertaken by the
found to be void under Article 36 of the Family Code on the
petitioner, it cannot be gainsaid that petitioner was able to
ground of psychological incapacity. WHEREFORE, the petition is DENIED. The Decision dated
do so without the invaluable help of respondent. Even a
From the foregoing, property acquired by both spouses through plain housewife who stays all the time in the house and August 11, 2010 and the Resolution dated October 5, 2011 of the
their work and industry should, therefore, be governed by the rules take[s] care of the household while the husband indulges in Court of Appeals in CAG.R. CV No. 82318 are AFFIRMED.
on equal coownership. Any property acquired during the union is lucrative and gainful activities is entitled to a share in the The case is REMANDED to the trial court for proper disposition.
prima facie presumed to have been obtained through their joint same proportion the husband is, to the property or properties
efforts. A party who did not participate in the acquisition of the acquired by the marriage. In the same breadth, respondent SO ORDERED.
property shall be considered as having contributed to the same must be considered to be entitled to the same extent.
jointly if said party's efforts consisted in the care and maintenance Petitioner's claim that the seed money in that business was
of the family household. Efforts in the care and maintenance of the provided by her mother and that, had it not been for that DIOSDADO M. PERALTA
family and household are regarded as contributions to the reason, the properties now subject of controversy could not Associate Justice
acquisition of common property by one who has no salary or have been acquired. That may be true but the Court is not
income or work or industry. prone to believe so because of insufficient evidence to prove
such contention but petitioner's selfserving allegations. Of
Citing Valdes v. RTC, the Court held that the court a quo did not
course, attempts to establish respondent as an irresponsible
commit a reversible error in utilizing Article 147 of the Family
and unfaithful husband, as well as family man were made
Code and in ruling that the former spouses own the family home
but the testimonies adduced towards that end, failed to fully
and all their common property in equal shares, as well as in
convince the Court that respondent should be punished by
concluding that, in the liquidation and partition of the property that
depriving him of his share of the conjugal property because
they owned in common, the provisions on coownership under the
of his indiscretion.
Civil Code should aptly prevail. The rules which are set up to
govern the liquidation of either the absolute community or the In the instant case, both the trial and appellate courts agreed that
conjugal partnership of gains, the property regimes recognized for the subject properties were in fact acquired during the marriage of
valid and voidable marriages, are irrelevant to the liquidation of Virginia and Deogracio. We give due deference to factual findings
the coownership that exists between commonlaw spouses or of trial courts, especially when affirmed by the appellate court, as
spouses of void marriages. in this case. A reversal of this finding can only occur if petitioners
show sufficient reason for us to doubt its correctness. There is
Thus, the trial court and the appellate court correctly held that the none, in this case.
parties will share on equal shares considering that Virginia failed Likewise, we note that the former spouses both substantially agree
to prove that the properties were acquired solely on her own that they acquired the subject properties during the subsistence of
efforts, to wit: their marriage. 17 The certificates of titles and tax declarations are
not sufficient proof to overcome the presumption under Article 116
of the Family Code. All properties acquired by the spouses during
139
140
Republic of the Philippines Pangasinan with an area of 10,080 square meters. Consequently, particularly of Kristopher Palang, Miguel's illegitimate son. The
SUPREME COURT Transfer Certificate of Title No. 101736 covering said rice land dispositive portion of the decision reads.
Manila was issued in their names.
WHEREFORE, premises considered, judgment is
SECOND DIVISION A house and lot in Binalonan, Pangasinan was likewise purchased hereby
on September 23, 1975, allegedly by Erlinda as the sole vendee. rendered —
TCT No. 143120 covering said property was later issued in her
G.R. No. 116668 July 28, 1997
name. 1) Dismissing the complaint, with costs against
plaintiffs;
ERLINDA A. AGAPAY, petitioner,
On October 30, 1975, Miguel and Cornelia Palang executed a
vs.
Deed of Donation as a form of compromise agreement to settle and 2) Confirming the ownership of defendant Erlinda
CARLINA (CORNELIA) V. PALANG and HERMINIA P.
end a case filed by the latter. 3 The parties therein agreed to donate Agapay of the residential lot located at Poblacion,
DELA CRUZ, respondents. their conjugal property consisting of six parcels of land to their Binalonan, Pangasinan, as evidenced by TCT No.
only child, Herminia Palang.4 143120, Lot 290B including the old house standing
ROMERO, J.: therein;
Miguel and Erlinda's cohabitation produced a son, Kristopher A.
Before us is a petition for review of the decision of the Court of Palang, born on December 6, 1977. In 1979, Miguel and Erlinda 3) Confirming the ownership of onehalf (1/2) portion
Appeals in CAG.R. CV No. 24199 entitled "Erlinda Agapay v. were convicted of Concubinage upon Carlina's complaint. 5 Two of that piece of agricultural land situated at Balisa, San
Carlina (Cornelia) Palang and Herminia P. Dela Cruz" dated June years later, on February 15, 1981, Miguel died. Felipe, Binalonan, Pangasinan, consisting of 10,080
22, 1994 involving the ownership of two parcels of land acquired square meters and as evidenced by TCT No. 101736,
during the cohabitation of petitioner and private respondent's On July 11, 1981, Carlina Palang and her daughter Herminia Lot 1123A to Erlinda Agapay;
legitimate spouse. Palang de la Cruz, herein private respondents, instituted the case at
bar, an action for recovery of ownership and possession with 4. Adjudicating to Kristopher Palang as his inheritance
Miguel Palang contracted his first marriage on July 16, 1949 when damages against petitioner before the Regional Trial Court in from his deceased father, Miguel Palang, the onehalf
he took private respondent Carlina (or Cornelia) Vallesterol as a Urdaneta, Pangasinan (Civil Case No. U4265). Private (1/2) of the agricultural land situated at Balisa, San
wife at the Pozorrubio Roman Catholic Church in Pangasinan. A respondents sought to get back the riceland and the house and lot Felipe, Binalonan, Pangasinan, under TCT No. 101736
few months after the wedding, in October 1949, he left to work in both located at Binalonan, Pangasinan allegedly purchased by in the name of Miguel Palang, provided that the former
Hawaii. Miguel and Carlina's only child, Herminia Palang, was Miguel during his cohabitation with petitioner. (Kristopher) executes, within 15 days after this decision
born on May 12, 1950. becomes final and executory, a quitclaim forever
Petitioner, as defendant below, contended that while the riceland renouncing any claims to annul/reduce the donation to
Miguel returned in 1954 for a year. His next visit to the Philippines covered by TCT No. 101736 is registered in their names (Miguel Herminia Palang de la Cruz of all conjugal properties of
was in 1964 and during the entire duration of his yearlong sojourn and Erlinda), she had already given her half of the property to their her parents, Miguel Palang and Carlina Vallesterol
he stayed in Zambales with his brother, not in Pangasinan with his son Kristopher Palang. She added that the house and lot covered by Palang, dated October 30, 1975, otherwise, the estate of
wife and child. The trial court found evidence that as early as 1957, TCT No. 143120 is her sole property, having bought the same with deceased Miguel Palang will have to be settled in
Miguel had attempted to divorce Carlina in Hawaii. 1 When he her own money. Erlinda added that Carlina is precluded from another separate action;
returned for good in 1972, he refused to live with private claiming aforesaid properties since the latter had already donated
respondents, but stayed alone in a house in Pozorrubio, their conjugal estate to Herminia. 5) No pronouncement as to damages and attorney's
Pangasinan. fees.
After trial on the merits, the lower court rendered its decision on
On July 15, 1973, the then sixtythreeyearold Miguel contracted June 30, 1989 dismissing the complaint after declaring that there SO ORDERED.6
his second marriage with nineteenyearold Erlinda Agapay, herein was little evidence to prove that the subject properties pertained to
petitioner.2 Two months earlier, on May 17, 1973, Miguel and the conjugal property of Carlina and Miguel Palang. The lower
On appeal, respondent court reversed the trial court's decision. The
Erlinda, as evidenced by the Deed of Sale, jointly purchased a court went on to provide for the intestate shares of the parties,
Court of Appeals rendered its decision on July 22, 1994 with the
parcel of agricultural land located at San Felipe, Binalonan,
following dispositive portion;
141
WHEREFORE, PREMISES CONSIDERED, the The sale of the riceland on May 17, 1973, was made in favor of no basis to justify her coownership with Miguel over the same.
appealed decision in hereby REVERSED and another Miguel and Erlinda. The provision of law applicable here is Article Consequently, the riceland should, as correctly held by the Court
one entered: 148 of the Family Code providing for cases of cohabitation when a of Appeals, revert to the conjugal partnership property of the
man and a woman who are not capacitated to marry each other live deceased Miguel and private respondent Carlina Palang.
1. Declaring plaintiffsappellants the owners of the exclusively with each other as husband and wife without the
properties in question; benefit of marriage or under a void marriage. While Miguel and Furthermore, it is immaterial that Miguel and Carlina previously
Erlinda contracted marriage on July 15, 1973, said union was agreed to donate their conjugal property in favor of their daughter
patently void because the earlier marriage of Miguel and Carlina Herminia in 1975. The trial court erred in holding that the decision
2. Ordering defendantappellee to vacate and deliver the
was still subsisting and unaffected by the latter's de adopting their compromise agreement "in effect partakes the nature
properties in question to herein plaintiffsappellants;
facto separation. of judicial confirmation of the separation of property between
spouses and the termination of the conjugal
3. Ordering the Register of Deeds of Pangasinan to
Under Article 148, only the properties acquired by both of the partnership."12 Separation of property between spouses during the
cancel Transfer Certificate of Title Nos. 143120 and
parties through their actual joint contribution of money, property marriage shall not take place except by judicial order or without
101736 and to issue in lieu thereof another certificate of
or industry shall be owned by them in common in proportion to judicial conferment when there is an express stipulation in the
title in the name of plaintiffsappellants.
their respective contributions. It must be stressed that actual marriage settlements.13 The judgment which resulted from the
contribution is required by this provision, in contrast to Article 147 parties' compromise was not specifically and expressly for
No pronouncement as to costs.7 which states that efforts in the care and maintenance of the family separation of property and should not be so inferred.
and household, are regarded as contributions to the acquisition of
Hence, this petition. common property by one who has no salary or income or work or With respect to the house and lot, Erlinda allegedly bought the
industry. If the actual contribution of the party is not proved, there same for P20,000.00 on September 23, 1975 when she was only 22
Petitioner claims that the Court of Appeals erred in not sustaining will be no coownership and no presumption of equal shares.9 years old. The testimony of the notary public who prepared the
the validity of two deeds of absolute sale covering the riceland and deed of conveyance for the property reveals the falsehood of this
the house and lot, the first in favor of Miguel Palang and Erlinda In the case at bar, Erlinda tried to establish by her testimony that claim. Atty. Constantino Sagun testified that Miguel Palang
Agapay and the second, in favor of Erlinda Agapay alone. Second, she is engaged in the business of buy and sell and had a sari provided the money for the purchase price and directed that
petitioner contends that respondent appellate court erred in not sari store10 but failed to persuade us that she actually contributed Erlinda's name alone be placed as the vendee.14
declaring Kristopher A. Palang as Miguel Palang's illegitimate son money to buy the subject riceland. Worth noting is the fact that on
and thus entitled to inherit from Miguel's estate. Third, respondent the date of conveyance, May 17, 1973, petitioner was only around The transaction was properly a donation made by Miguel to
court erred, according to petitioner, "in not finding that there is twenty years of age and Miguel Palang was already sixtyfour and Erlinda, but one which was clearly void and inexistent by express
sufficient pleading and evidence that Kristopher A. Palang or a pensioner of the U.S. Government. Considering her youthfulness, provision of law because it was made between persons guilty of
Christopher A. Palang should be considered as partydefendant in it is unrealistic to conclude that in 1973 she contributed P3,750.00 adultery or concubinage at the time of the donation, under Article
Civil Case No. U4625 before the trial court and in CAG.R. No. as her share in the purchase price of subject property, 11 there being 739 of the Civil Code. Moreover, Article 87 of the Family Code
24199.8 no proof of the same. expressly provides that the prohibition against donations between
spouses now applies to donations between persons living together
After studying the merits of the instant case, as well as the Petitioner now claims that the riceland was bought two months as husband and wife without a valid marriage, 15 for otherwise, the
pertinent provisions of law and jurisprudence, the Court denies the before Miguel and Erlinda actually cohabited. In the nature of an condition of those who incurred guilt would turn out to be better
petition and affirms the questioned decision of the Court of afterthought, said added assertion was intended to exclude their than those in legal union.16
Appeals. case from the operation of Article 148 of the Family Code. Proof
of the precise date when they commenced their adulterous The second issue concerning Kristopher Palang's status and claim
The first and principal issue is the ownership of the two pieces of cohabitation not having been adduced, we cannot state definitively as an illegitimate son and heir to Miguel's estate is here resolved in
property subject of this action. Petitioner assails the validity of the that the riceland was purchased even before they started living favor of respondent court's correct assessment that the trial court
deeds of conveyance over the same parcels of land. There is no together. In any case, even assuming that the subject property was erred in making pronouncements regarding Kristopher's heirship
dispute that the transfer of ownership from the original owners of bought before cohabitation, the rules of coownership would still and filiation "inasmuch as questions as to who are the heirs of the
the riceland and the house and lot, Corazon Ilomin and the spouses apply and proof of actual contribution would still be essential. decedent, proof of filiation of illegitimate children and the
Cespedes, respectively, were valid. determination of the estate of the latter and claims thereto should
Since petitioner failed to prove that she contributed money to the be ventilated in the proper probate court or in a special proceeding
purchase price of the riceland in Binalonan, Pangasinan, we find instituted for the purpose and cannot be adjudicated in the instant
142
ordinary civil action which is for recovery of ownership and
possession."17
SO ORDERED.
Regalado, Puno and Mendoza, JJ., concur.
Torres, Jr., J., is on leave.
143
Republic of the Philippines lived as husband and wife because the fact was that they were still way incapacitated to contract marriage. 7 In the parties' case, their
SUPREME COURT legally married to their respective spouses. She claimed to be the union suffered the legal impediment of a prior subsisting marriage.
Manila exclusive owner of all real personal properties involved in Thus, the question of fact being raised by petitioner, i.e., whether
petitioner's action for partition on the ground that they were they lived together as husband and wife, was irrelevant as no co
SECOND DIVISION
acquired entirely out of her own money and registered solely in her ownership could exist between them.
name.
G.R. No. 136803 June 16, 2000 As to the second issue, respondent maintained that petitioner
On November 25, 1994, respondent filed a Motion for Summary cannot be considered an unregistered coowner of the subject
EUSTAQUIO MALLILIN, JR., petitioner, Judgment,4 in accordance with Rule 34 of the Rules of Court.5 She properties on the ground that, since titles to the land are solely in
vs. contended that summary judgment was proper, because the issues her name, to grant petitioner's prayer would be to allow a collateral
MA. ELVIRA CASTILLO, respondent. raised in the pleadings were sham and not genuine, to wit: attack on the validity of such titles.
146
a declaration that he is a coowner of the subject properties; and Bellosillo, Quisumbing and De Leon, Jr., JJ., concur.
second, the conveyance of his lawful shares. He does not attack Buena, J., took no part.
respondent's titles. Petitioner alleges no fraud, mistake, or any
other irregularity that would justify a review of the registration
decree in respondent's favor. His theory is that although the subject
properties were registered solely in respondent's name, but since
by agreement between them as well as under the Family Code, he
is coowner of these properties and as such is entitled to the
conveyance of his shares. On the premise that he is a coowner, he
can validly seek the partition of the properties in coownership and
the conveyance to him of his share.
Third. The Court of Appeals also reversed its first decision on the
ground that to order partition will, in effect, rule and decide against
Steelhouse Realty Development Corporation and Eloisa Castillo,
both strangers to the present case, as to the properties registered in
their names. This reasoning, however, ignores the fact that the
majority of the properties involved in the present case are
registered in respondent's name, over which petitioner claims
rights as a coowner. Besides, other than the real properties,
petitioner also seeks partition of a substantial amount of personal
properties consisting of motor vehicles and several pieces of
jewelry. By dismissing petitioner's complaint for partition on
grounds of due process and equity, the appellate court unwittingly
denied petitioner his right to prove ownership over the claimed real
and personal properties. The dismissal of petitioner's complaint is
unjustified since both ends may be amply served by simply
excluding from the action for partition the properties registered in
the name of Steelhouse Realty and Eloisa Castillo.
SO ORDERED.
147
Republic of the Philippines as entertainer in Japan, she was able to contribute P70,000.00 in On July 15, 1998, a decision 16 was rendered in favor of private
SUPREME COURT the completion of their unfinished house. Also, from her own respondent, the dispositive portion of which reads:
Manila earnings as an entertainer and fish dealer, she was able to acquire
and accumulate appliances, pieces of furniture and household WHEREFORE, in view of all the foregoing, judgment is
FIRST DIVISION effects, with a total value of P111,375.00. She prayed that she be hereby rendered in favor of the plaintiff Gina S. Rey against
declared the sole owner of these personal properties and that the defendant Jacinto Saguid:
amount of P70,000.00, representing her contribution to the
G.R. No. 150611 June 10, 2003 construction of their house, be reimbursed to her.
a) Ordering the partition of the house identified as plaintiff’s
Exhibit C and D and directing the defendant to return and/or
JACINTO SAGUID, petitioner, Private respondent testified that she deposited part of her earnings reimburse to the plaintiff the amount of seventy thousand
vs. in her savings account with First Allied Development Bank. 7 Her pesos (P70,000,00) which the latter actually contributed to
HON. COURT OF APPEALS, THE REGIONAL TRIAL Pass Book shows that as of May 23, 1995, she had a balance of its construction and completion;
COURT, BRANCH 94, BOAC, MARINDUQUE AND GINA P21,046.08.8 She further stated that she had a total of
S. REY, respondents. P35,465.009 share in the joint account deposit which she and the
b) Declaring the plaintiff as the exclusive owner of the
petitioner maintained with the same bank.10 Gina declared that said
personal properties listed on Exhibit M;
deposits were spent for the purchase of construction materials,
YNARESSANTIAGO, J.:
appliances and other personal properties.11
c) Ordering the defendant, and/or anyone in possession of
The regime of limited coownership of property governing the the aforesaid personal properties, to return and/or deliver the
In his answer to the complaint, petitioner claimed that the
12
union of parties who are not legally capacitated to marry each same to the plaintiff; and
expenses for the construction of their house were defrayed solely
other, but who nonetheless live together as husband and wife,
from his income as a captain of their fishing vessel. He averred
applies to properties acquired during said cohabitation in
that private respondent’s meager income as fish dealer rendered d) Ordering the defendant to pay the plaintiff moral
proportion to their respective contributions. Coownership will
her unable to contribute in the construction of said house. Besides, damages in the sum of fifty thousand pesos (P50,000.00)
only be up to the extent of the proven actual contribution of
selling fish was a mere pastime to her; as such, she was contented plus the costs of suit.
money, property or industry. Absent proof of the extent thereof,
with the small quantity of fish allotted to her from his fishing trips.
their contributions and corresponding shares shall be presumed to
Petitioner further contended that Gina did not work continuously in SO ORDERED.17
be equal.1
Japan from 1992 to 1994, but only for a 6month duration each
year. When their house was repaired and improved sometime in On appeal, said decision was affirmed by the Court of Appeals;
Seventeenyear old Gina S. Rey was married, 2 but separated de 19951996, private respondent did not share in the expenses however, the award of P50,000.00 as moral damages was deleted
facto from her husband, when she met petitioner Jacinto Saguid in because her earnings as entertainer were spent on the daily needs for lack of basis.18 The appellate court ruled that the propriety of
Marinduque, sometime in July 1987.3 After a brief courtship, the and business of her parents. From his income in the fishing the order which declared the petitioner as in default became moot
two decided to cohabit as husband and wife in a house built on a business, he claimed to have saved a total of P130,000.00, and academic in view of the effectivity of the 1997 Rules of Civil
lot owned by Jacinto’s father.4 Their cohabitation was not blessed P75,000.00 of which was placed in a joint account deposit with Procedure. It explained that the new rules now require the filing of
with any children. Jacinto made a living as the patron of their private respondent. This savings, according to petitioner was spent a pretrial brief and the defendant’s noncompliance therewith
fishing vessel "Saguid Brothers."5 Gina, on the other hand, worked in purchasing the disputed personal properties.
as a fish dealer, but decided to work as an entertainer in Japan from entitles the plaintiff to present evidence ex parte.
1992 to 1994 when her relationship with Jacinto’s relatives turned
On May 21, 1997, the trial court declared the petitioner as in Both parties filed motions for reconsideration which were denied;
sour. Her periodic absence, however, did not ebb away the conflict
default for failure to file a pretrial brief as required by Supreme
with petitioner’s relatives. In 1996, the couple decided to separate hence, petitioner filed the instant petition based on the following
Court Circular No. 189.13 assigned errors:
and end up their 9year cohabitation.6
On May 26, 1997, petitioner filed a motion for reconsideration 14 of
On January 9, 1997, private respondent filed a complaint for A.
the May 21, 1997 order, which was denied on June 2, 1997, and
Partition and Recovery of Personal Property with Receivership
private respondent was allowed to present evidence ex
against the petitioner with the Regional Trial Court of Boac, THE HONORABLE COURT OF APPEALS
parte.15 Petitioner filed another motion for reconsideration but the
Marinduque. She alleged that from her salary of $1,500.00 a month COMMIT[TED] A REVERSIBLE ERROR IN APPLYING
same was also denied on October 8, 1997.
148
RETROACTIVELY THE 1997 RULES OF CIVIL alleged receipt of the April 23, 1997 order before he filed a motion In the case at bar, although the adulterous cohabitation of the
PROCEDURE IN THE PRESENT CASE AND HOLDING asking the court to excuse his failure to file a brief. Pretrial rules parties commenced in 1987, which is before the date of the
THE FIRST ASSIGNED ERROR THEREIN MOOT AND are not to be belittled or dismissed because their nonobservance effectivity of the Family Code on August 3, 1998, Article 148
ACADEMIC THUS, FAILED TO RULE ON THE may result in prejudice to a party’s substantive rights. Like all thereof applies because this provision was intended precisely to fill
PROPRIETY OF THE TRIAL COURT’S REFUSAL TO rules, they should be followed except only for the most persuasive up the hiatus in Article 144 of the Civil Code.33 Before Article 148
SET ASIDE THE ORDER OF DEFAULT DUE TO of reasons when they may be relaxed to relieve a litigant of an of the Family Code was enacted, there was no provision governing
MISTAKE AND/OR EXCUSABLE NEGLIGENCE injustice not commensurate with the degree of his thoughtlessness property relations of couples living in a state of adultery or
COMMITTED BY PETITIONER. in not complying with the procedure prescribed.27 concubinage. Hence, even if the cohabitation or the acquisition of
the property occurred before the Family Code took effect, Article
B. In the instant case, the fact that petitioner was not assisted by a 148 governs.34
lawyer is not a persuasive reason to relax the application of the
THE HONORABLE COURT OF APPEALS rules. There is nothing in the Constitution which mandates that a In the cases of Agapay v. Palang,35 and Tumlos v.
COMMIT[TED] A REVERSIBLE ERROR IN RELYING party in a noncriminal proceeding be represented by counsel and Fernandez,36 which involved the issue of coownership of
ON THE FACTUAL FINDINGS OF THE TRIAL COURT that the absence of such representation amounts to a denial of due properties acquired by the parties to a bigamous marriage and an
WHICH RECEIVED THE EVIDENCE OF HEREIN process. The assistance of lawyers, while desirable, is not adulterous relationship, respectively, we ruled that proof of actual
RESPONDENT ONLY EX PARTE.19 indispensable. The legal profession is not engrafted in the due contribution in the acquisition of the property is essential. The
process clause such that without the participation of its members claim of coownership of the petitioners therein who were parties
the safeguard is deemed ignored or violated.28 to the bigamous and adulterous union is without basis because they
The issues for resolution are: (1) whether or not the trial court
failed to substantiate their allegation that they contributed money
erred in allowing private respondent to present evidence ex parte;
However, the Court of Appeals erred in ruling that the effectivity in the purchase of the disputed properties. Also in Adriano v.
and (2) whether or not the trial court’s decision is supported by
of the 1997 Rules of Civil Procedure, specifically, Section 6, Rule Court of Appeals,37 we ruled that the fact that the controverted
evidence.
18 thereof, rendered moot and academic the issue of whether or not property was titled in the name of the parties to an adulterous
the plaintiff may be allowed to present evidence ex parte for relationship is not sufficient proof of coownership absent evidence
Under Section 6, Rule 18 of the 1997 Rules of Civil Procedure, the of actual contribution in the acquisition of the property.
failure of the defendant to file a pretrial brief. While the rules may
failure of the defendant to file a pretrial brief shall have the same
indeed be applied retroactively, the same is not called for in the
effect as failure to appear at the pretrial, i.e., the plaintiff may
case at bar. Even before the 1997 Rules of Civil Procedure took As in other civil cases, the burden of proof rests upon the party
present his evidence ex parte and the court shall render judgment
effect on July 1, 1997, the filing of a pretrial brief was required who, as determined by the pleadings or the nature of the case,
on the basis thereof.20 The remedy of the defendant is to file a
under Circular No. 189 which became effective on February 1, asserts an affirmative issue. Contentions must be proved by
motion for reconsideration21 showing that his failure to file a pre
1989. Pursuant to the said circular, "[f]ailure to file pretrial briefs competent evidence and reliance must be had on the strength of the
trial brief was due to fraud, accident, mistake or excusable
may be given the same effect as the failure to appear at the pre party’s own evidence and not upon the weakness of the opponent’s
neglect.22 The motion need not really stress the fact that the
trial," that is, the party may be declared nonsuited or considered as defense.38 This applies with more vigor where, as in the instant
defendant has a valid and meritorious defense because his answer
in default.29 case, the plaintiff was allowed to present evidence ex parte. The
which contains his defenses is already on record.23
plaintiff is not automatically entitled to the relief prayed for. The
Coming now to the substantive issue, it is not disputed that Gina law gives the defendant some measure of protection as the plaintiff
In the case at bar, petitioner insists that his failure to file a pretrial must still prove the allegations in the complaint. Favorable relief
and Jacinto were not capacitated to marry each other because the
brief is justified because he was not represented by counsel. This can be granted only after the court is convinced that the facts
former was validly married to another man at the time of her
justification is not, however, sufficient to set aside the order proven by the plaintiff warrant such relief.39 Indeed, the party
cohabitation with the latter. Their property regime therefore is
directing private respondent to present evidence ex alleging a fact has the burden of proving it and a mere allegation is
governed by Article 14830 of the Family Code, which applies to
parte, inasmuch as the petitioner chose at his own risk not to be not evidence.40
bigamous marriages, adulterous relationships, relationships in a
represented by counsel. Even without the assistance of a lawyer,
state of concubinage, relationships where both man and woman are
petitioner was able to file a motion for extension to file
married to other persons, and multiple alliances of the same In the case at bar, the controversy centers on the house and
answer,24 the required answer stating therein the special and
married man. Under this regime, "…only the properties acquired personal properties of the parties. Private respondent alleged in her
affirmative defenses,25 and several other motions.26 If it were true
by both of the parties through their actual joint contribution of complaint that she contributed P70,000.00 for the completion of
that petitioner did not understand the import of the April 23, 1997
money, property, or industry shall be owned by them in common their house. However, nowhere in her testimony did she specify the
order directing him to file a pretrial brief, he could have inquired
in proportion to their respective contributions ..." 31 Proof of actual extent of her contribution. What appears in the record are
from the court or filed a motion for extension of time to file the
contribution is required.32 receipts41 in her name for the purchase of construction materials on
brief. Instead, he waited until May 26, 1997, or 14 days from his
149
November 17, 1995 and December 23, 1995, in the total amount of
P11,413.00.
On the other hand, both parties claim that the money used to
purchase the disputed personal properties came partly from their
joint account with First Allied Development Bank. While there is
no question that both parties contributed in their joint account
deposit, there is, however, no sufficient proof of the exact amount
of their respective shares therein. Pursuant to Article 148 of the
Family Code, in the absence of proof of extent of the parties’
respective contribution, their share shall be presumed to be equal.
Here, the disputed personal properties were valued at P111,375.00,
the existence and value of which were not questioned by the
petitioner. Hence, their share therein is equivalent to onehalf, i.e.,
P55,687.50 each.
The Court of Appeals thus erred in affirming the decision of the
trial court which granted the reliefs prayed for by private
respondent. On the basis of the evidence established, the extent of
private respondent’s coownership over the disputed house is only
up to the amount of P11,413.00, her proven contribution in the
construction thereof. Anent the personal properties, her
participation therein should be limited only to the amount of
P55,687.50.
As regards the trial court’s award of P50,000.00 as moral damages,
the Court of Appeals correctly deleted the same for lack of basis.
WHEREFORE, in view of all the foregoing, the Decision of the
Court of Appeals in CAG.R. CV No. 64166
is AFFIRMED with MODIFICATION. Private respondent Gina
S. Rey is declared coowner of petitioner Jacinto Saguid in the
controverted house to the extent of P11,413.00 and personal
properties to the extent of P55,687.50. Petitioner is ordered to
reimburse the amount of P67,100.50 to private respondent, failing
which the house shall be sold at public auction to satisfy private
respondent’s claim.
SO ORDERED.
Davide, Jr., C.J., Vitug, Carpio, and Azcuna, JJ., concur.
150
Republic of the Philippines alleged that the subject property was acquired during his union SO ORDERED.
SUPREME COURT with Yolanda as commonlaw husband and wife, hence the
Manila property is coowned by them. From the decision of the trial court, Yolanda went on appeal to the
SECOND DIVISION CA in CAG.R. CV No. 69797, therein arguing that the evidence
Elaborating, Lupo averred in his complaint that the property in on record preponderate that she purchased the disputed property in
question was acquired by Yolanda sometime in 1987 using his her own name with her own money. She maintained that the
G.R. No. 169698 November 29, 2006
exclusive funds and that the title thereto was transferred by the documents appertaining to her acquisition thereof are the best
seller in Yolanda’s name without his knowledge and consent. He evidence to prove who actually bought it, and refuted the findings
LUPO ATIENZA, Petitioner, did not interpose any objection thereto because at the time, their of the trial court, as well as Lupo’s assertions casting doubt as to
vs. affair was still thriving. It was only after their separation and his her financial capacity to acquire the disputed property.
YOLANDA DE CASTRO, Respondent. receipt of information that Yolanda allowed her new livein partner
to live in the disputed property, when he demanded his share As stated at the threshold hereof, the appellate court, in its
D E C I S I O N thereat as a coowner. decision4 of April 29, 2005, reversed and set aside that of the trial
court and adjudged the litigated property as exclusively owned by
GARCIA, J.: In her answer, Yolanda denied Lupo’s allegations. According to Yolanda, to wit:
her, she acquired the same property for Two Million Six Hundred
Thousand Pesos (₱2,600,000.00) using her exclusive funds. She WHEREFORE, the foregoing considered, the assailed decision is
Assailed and sought to be set aside in this petition for review on
insisted having bought it thru her own savings and earnings as a hereby REVERSED and SET ASIDE . The subject property is
certiorari is the Decision1 dated April 29, 2005 of the Court of
businesswoman. hereby declared to be exclusively owned by defendantappellant
Appeals (CA) in CAG.R. CV No. 69797, as reiterated in its
Resolution2 of September 16, 2005, reversing an earlier decision of Yolanda U. De Castro. No costs.
the Regional Trial Court (RTC) of Makati City, Branch 61, in an In a decision3 dated December 11, 2000, the trial court rendered
action for Judicial Partition of Real Property thereat commenced judgment for Lupo by declaring the contested property as owned in SO ORDERED.
by the herein petitioner Lupo Atienza against respondent Yolanda common by him and Yolanda and ordering its partition between
de Castro. the two in equal shares, thus:
In decreeing the disputed property as exclusively owned by
Yolanda, the CA ruled that under the provisions of Article 148 of
The Facts WHEREFORE, judgment is hereby rendered declaring the the Family Code visàvis the evidence on record and attending
property covered by Transfer Certificate of Title No. 147828 of the circumstances, Yolanda’s claim of sole ownership is meritorious,
Registry of Deeds of Makati City to be owned in common by as it has been substantiated by competent evidence. To the CA,
Sometime in 1983, petitioner Lupo Atienza, then the President and
plaintiff LUPO ATIENZA and the defendant YOLANDA U. DE Lupo failed to overcome the burden of proving his allegation that
General Manager of Enrico Shipping Corporation and Eurasian
CASTRO shareandshare alike and ordering the partition of said the subject property was purchased by Yolanda thru his exclusive
Maritime Corporation, hired the services of respondent Yolanda U.
property between them. Upon the finality of this Decision, the funds.
De Castro as accountant for the two corporations.
parties are hereby directed to submit for the confirmation of the
Court a mutually agreed project of partition of said property or, in
In the course of time, the relationship between Lupo and Yolanda With his motion for reconsideration having been denied by the CA
case the physical partition of said property is not feasible because
became intimate. Despite Lupo being a married man, he and in its Resolution of September 16, 2005,5 Lupo is now with this
of its nature, that either the same be assigned to one of the parties
Yolanda eventually lived together in consortium beginning the Court via the present recourse arguing that pursuant to Article
who shall pay the value corresponding to the share of the other or
later part of 1983. Out of their union, two children were born. 1446 of the Civil Code, he was in no way burdened to prove that he
that the property to be sold and the proceeds thereof be divided
However, after the birth of their second child, their relationship contributed to the acquisition of the subject property because with
equally between the parties after deducting the expenses incident
turned sour until they parted ways. or without the contribution by either partner, he is deemed a co
to said sale.
owner thereof, adding that under Article 484 7 of Civil Code, as
long as the property was acquired by either or both of them during
On May 28, 1992, Lupo filed in the RTC of Makati City a The parties shall bear their own attorney’s fees and expenses of their extramarital union, such property would be legally owned by
complaint against Yolanda for the judicial partition between them litigation. them in common and governed by the rules on coownership,
of a parcel of land with improvements located in BelAir
which apply in default of contracts, or special provisions.
Subdivision, Makati City and covered by Transfer Certificate of
Costs against the defendant.
Title No. 147828 of the Registry of Deeds of Makati City. In his
complaint, docketed in said court as Civil Case No. 921423, Lupo We DENY.
151
It is not disputed that the parties herein were not capacitated to warrant such relief.14 Indeed, the party alleging a fact has the there is [Lupo], a retired sea captain and the President and General
marry each other because petitioner Lupo Atienza was validly burden of proving it and a mere allegation is not evidence.15 Manager of two corporations and on the other is [Yolanda], a
married to another woman at the time of his cohabitation with the Certified Public Accountant. Surmising that [Lupo] is financially
respondent. Their property regime, therefore, is governed by It is the petitioner’s posture that the respondent, having no well heeled than [Yolanda], the court a quo concluded, sans
Article 1488 of the Family Code, which applies to bigamous financial capacity to acquire the property in question, merely evidence, that [Yolanda] had taken advantage of [Lupo]. Clearly,
marriages, adulterous relationships, relationships in a state of manipulated the dollar bank accounts of his two (2) corporations to the court a quo is in error. (Words in brackets supplied.)
concubinage, relationships where both man and woman are raise the amount needed therefor. Unfortunately for petitioner, his
married to other persons, and multiple alliances of the same submissions are burdened by the fact that his claim to the property As we see it, petitioner’s claim of coownership in the disputed
married man. Under this regime, …only the properties acquired by contradicts duly written instruments, i.e., the Contract to Sell dated property is without basis because not only did he fail to
both of the parties through their actual joint contribution of money, March 24, 1987, the Deed of Assignment of Redemption dated substantiate his alleged contribution in the purchase thereof but
property, or industry shall be owned by them in common in March 27, 1987 and the Deed of Transfer dated April 27, 1987, all likewise the very trail of documents pertaining to its purchase as
proportion to their respective contributions ... 9 Proof of actual entered into by and between the respondent and the vendor of said evidentiary proof redounds to the benefit of the respondent. In
contribution is required.10 property, to the exclusion of the petitioner. As aptly pointed out by contrast, aside from his mere say so and voluminous records of
the CA: bank accounts, which sadly find no relevance in this case, the
As it is, the regime of limited coownership of property governing petitioner failed to overcome his burden of proof. Allegations must
the union of parties who are not legally capacitated to marry each Contrary to the disquisition of the trial court, [Lupo] failed to be proven by sufficient evidence. Simply stated, he who alleges a
other, but who nonetheless live together as husband and wife, overcome this burden. Perusing the records of the case, it is fact has the burden of proving it; mere allegation is not evidence.
applies to properties acquired during said cohabitation in evident that the trial court committed errors of judgment in its
proportion to their respective contributions. Coownership will findings of fact and appreciation of evidence with regard to the True, the mere issuance of a certificate of title in the name of any
only be up to the extent of the proven actual contribution of source of the funds used for the purchase of the disputed property person does not foreclose the possibility that the real property
money, property or industry. Absent proof of the extent thereof, and ultimately the rightful owner thereof. Factual findings of the covered thereby may be under coownership with persons not
their contributions and corresponding shares shall be presumed to trial court are indeed entitled to respect and shall not be disturbed, named in the certificate or that the registrant may only be a trustee
be equal.11 unless some facts or circumstances of weight and substance have or that other parties may have acquired interest subsequent to the
been overlooked or misinterpreted that would otherwise materially issuance of the certificate of title. However, as already stated,
Here, although the adulterous cohabitation of the parties affect the disposition of the case. petitioner’s evidence in support of his claim is either insufficient or
commenced in 1983, or way before the effectivity of the Family immaterial to warrant the trial court’s finding that the disputed
Code on August 3, 1998, Article 148 thereof applies because this In making proof of his case, it is paramount that the best and most property falls under the purview of Article 148 of the Family Code.
provision was intended precisely to fill up the hiatus in Article 144 complete evidence be formally entered. Rather than presenting In contrast to petitioner’s dismal failure to prove his cause, herein
of the Civil Code.12 Before Article 148 of the Family Code was proof of his actual contribution to the purchase money used as respondent was able to present preponderant evidence of her sole
enacted, there was no provision governing property relations of consideration for the disputed property, [Lupo] diverted the burden ownership. There can clearly be no coownership when, as here,
couples living in a state of adultery or concubinage. Hence, even if imposed upon him to [Yolanda] by painting her as a shrewd and the respondent sufficiently established that she derived the funds
the cohabitation or the acquisition of the property occurred before scheming woman without the capacity to purchase any property. used to purchase the property from her earnings, not only as an
the Family Code took effect, Article 148 governs.13 Instead of proving his ownership, or the extent thereof, over the accountant but also as a businesswoman engaged in foreign
subject property, [Lupo] relegated his complaint to a mere attack currency trading, money lending and jewelry retail. She presented
The applicable law being settled, we now remind the petitioner that on the financial capacity of [Yolanda]. He presented documents her clientele and the promissory notes evincing substantial dealings
here, as in other civil cases, the burden of proof rests upon the pertaining to the ins and outs of the dollar accounts of ENRICO with her clients. She also presented her bank account statements
party who, as determined by the pleadings or the nature of the case, and EURASIAN, which unfortunately failed to prove his actual and bank transactions, which reflect that she had the financial
asserts an affirmative issue. Contentions must be proved by contribution in the purchase of the said property. The fact that capacity to pay the purchase price of the subject property.
competent evidence and reliance must be had on the strength of the [Yolanda] had a limited access to the funds of the said corporations
party’s own evidence and not upon the weakness of the opponent’s and had repeatedly withdrawn money from their bank accounts for All told, the Court finds and so holds that the CA committed no
defense. The petitioner as plaintiff below is not automatically their behalf do not prove that the money she used in buying the reversible error in rendering the herein challenged decision and
entitled to the relief prayed for. The law gives the defendant some disputed property, or any property for that matter, came from said resolution.
measure of protection as the plaintiff must still prove the withdrawals.
allegations in the complaint. Favorable relief can be granted only WHEREFORE, the instant petition is DENIED and the assailed
after the court is convinced that the facts proven by the plaintiff As it is, the disquisition of the court a quo heavily rested on the issuances of the CA are AFFIRMED.
apparent financial capacity of the parties.1âwphi1 On one side,
152
Costs against the petitioner.
SO ORDERED.
CANCIO C. GARCIA
Associate Justice
153
Republic of the Philippines presented for registration before the Register of Deeds, registration In her Answer, respondent belied the allegation that she did not
SUPREME COURT was refused on the ground that Jambrich was an alien and could pay a single centavo of the purchase price. On the contrary, she
Manila not acquire alienable lands of the public domain. Consequently, claimed that she "solely and exclusively used her own personal
Jambrich’s name was erased from the document. But it could be funds to defray and pay for the purchase price of the subject lots in
FIRST DIVISION noted that his signature remained on the left hand margin of page question," and that Jambrich, being an alien, was prohibited to
1, beside respondent’s signature as buyer on page 3, and at the acquire or own real property in the Philippines.
bottom of page 4 which is the last page. Transfer Certificate of
G.R. No. 159310 February 24, 2009 Title (TCT) Nos. 24790, 24791 and 24792 over the properties were At the trial, respondent presented evidence showing her alleged
issued in respondent’s name alone. financial capacity to buy the disputed property with money from a
CAMILO F. BORROMEO, Petitioner, supposed copra business. Petitioner, in turn, presented Jambrich as
vs. Jambrich also formally adopted respondent’s two sons in Sp. Proc. his witness and documentary evidence showing the substantial
ANTONIETTA O. DESCALLAR, Respondent. No. 39MAN,4 and per Decision of the Regional Trial Court of salaries which Jambrich received while still employed by the
Mandaue City dated May 5, 1988.5 Austrian company, SimmeringGraz Panker A.G.
D E C I S I O N
However, the idyll lasted only until April 1991. By then, In its decision, the court a quo found—
PUNO, C.J.: respondent found a new boyfriend while Jambrich began to live
with another woman in Danao City. Jambrich supported Evidence on hand clearly show that at the time of the purchase and
respondent’s sons for only two months after the break up. acquisition of [the] properties under litigation that Wilhelm
What are the rights of an alien (and his successorininterest) who
acquired real properties in the country as against his former Jambrich was still working and earning much. This fact of
Filipina girlfriend in whose sole name the properties were Jambrich met petitioner Camilo F. Borromeo sometime in 1986. Jambrich earning much is not only supported by documentary
registered under the Torrens system? Petitioner was engaged in the real estate business. He also built and evidence but also by the admission made by the defendant
repaired speedboats as a hobby. In 1989, Jambrich purchased an Antoniet[t]a Opalla. So that, Jambrich’s financial capacity to
engine and some accessories for his boat from petitioner, for which acquire and purchase the properties . . . is not disputed.7
The facts are as follows:
he became indebted to the latter for about ₱150,000.00. To pay for
his debt, he sold his rights and interests in the AgroMacro x x x
Wilhelm Jambrich, an Austrian, arrived in the Philippines in 1983 properties to petitioner for ₱250,000, as evidenced by a "Deed of
after he was assigned by his employer, SimmeringGraz Panker Absolute Sale/Assignment."6 On July 26, 1991, when petitioner
A.G., an Austrian company, to work at a project in Mindoro. In On the other hand, evidence . . . clearly show that before defendant
sought to register the deed of assignment, he discovered that titles
1984, he transferred to Cebu and worked at the Naga II Project of met Jambrich sometime in the latter part of 1984, she was only
to the three lots have been transferred in the name of respondent,
the National Power Corporation. There, he met respondent working as a waitress at the St. Moritz Hotel with an income of
and that the subject property has already been mortgaged.
Antonietta OpallaDescallar, a separated mother of two boys who ₱1,000.00 a month and was . . . renting and living only in . . . [a]
was working as a waitress at St. Moritz Hotel. Jambrich befriended room at . . . [a] squatter area at Gorordo Ave., Cebu City; that
On August 2, 1991, petitioner filed a complaint against respondent Jambrich took pity of her and the situation of her children that he
respondent and asked her to tutor him in English. In dire need of
for recovery of real property before the Regional Trial Court of offered her a better life which she readily accepted. In fact, this
additional income to support her children, respondent agreed. The
Mandaue City. Petitioner alleged that the Contracts to Sell dated miserable financial situation of hers and her two children . . . are
tutorials were held in Antonietta’s residence at a squatters’ area in
November 18, 1985 and March 10, 1986 and the Deed of Absolute all stated and reflected in the Child Study Report dated April 20,
Gorordo Avenue.
Sale dated November 16, 1987 over the properties which identified 1983 (Exhs. "G" and "G1") which facts she supplied to the Social
both Jambrich and respondent as buyers do not reflect the true Worker who prepared the same when she was personally
Jambrich and respondent fell in love and decided to live together in agreement of the parties since respondent did not pay a single interviewed by her in connection with the adoption of her two
a rented house in Hernan Cortes, Mandaue City. Later, they centavo of the purchase price and was not in fact a buyer; that it children by Wilhelm Jambrich. So that, if such facts were not true
transferred to their own house and lots at AgroMacro Subdivision, was Jambrich alone who paid for the properties using his exclusive because these are now denied by her . . . and if it was also true that
Cabancalan, Mandaue City. In the Contracts to Sell dated funds; that Jambrich was the real and absolute owner of the during this time she was already earning as much as ₱8,000.00 to
November 18, 19851 and March 10, 19862 covering the properties, properties; and, that petitioner acquired absolute ownership by ₱9,000.00 as profit per month from her copra business, it would be
Jambrich and respondent were referred to as the buyers. A Deed of virtue of the Deed of Absolute Sale/Assignment dated July 11, highly unbelievable and impossible for her to be living only in
Absolute Sale dated November 16, 19873 was likewise issued in 1991 which Jambrich executed in his favor. such a miserable condition since it is the observation of this Court
their favor. However, when the Deed of Absolute Sale was
154
that she is not only an extravagant but also an expensive person 2) Declaring as null and void TCT Nos. 24790, 24791 I. THE HONORABLE COURT OF APPEALS SERIOUSLY
and not thrifty as she wanted to impress this Court in order to have and 24792 issued in the name of defendant Antoniet[t]a ERRED IN DISREGARDING RESPONDENT’S JUDICIAL
a big saving as clearly shown by her actuation when she was Descallar by the Register of Deeds of Mandaue City; ADMISSION AND OTHER OVERWHELMING EVIDENCE
already cohabiting and living with Jambrich that according to ESTABLISHING JAMBRICH’S PARTICIPATION, INTEREST
her . . . the allowance given . . . by him in the amount of $500.00 a 3) Ordering the Register of Deeds of Mandaue City to AND OWNERSHIP OF THE PROPERTIES IN QUESTION AS
month is not enough to maintain the education and maintenance of cancel TCT Nos. 24790, 24791 and 24792 in the name FOUND BY THE HONORABLE TRIAL COURT.
her children.8 of defendant Antoniet[t]a Descallar and to issue new
ones in the name of plaintiff Camilo F. Borromeo; II. THE HONORABLE COURT OF APPEALS SERIOUSLY
This being the case, it is highly improbable and impossible that she ERRED IN HOLDING THAT JAMBRICH HAS NO TITLE TO
could acquire the properties under litigation or could contribute 4) Declaring the contracts now marked as Exhibits "I," THE PROPERTIES IN QUESTION AND MAY NOT
any amount for their acquisition which according to her is worth "K" and "L" as avoided insofar as they appear to THEREFORE TRANSFER AND ASSIGN ANY RIGHTS AND
more than ₱700,000.00 when while she was working as [a] convey rights and interests over the properties in INTERESTS IN FAVOR OF PETITIONER.
waitress at St. Moritz Hotel earning ₱1,000.00 a month as salary question to the defendant Antoniet[t]a Descallar;
and tips of more or less ₱2,000.00 she could not even provide [for] III. THE HONORABLE COURT OF APPEALS SERIOUSLY
the daily needs of her family so much so that it is safe to conclude ERRED IN REVERSING THE WELLREASONED DECISION
5) Ordering the defendant to pay plaintiff attorney’s
that she was really in financial distress when she met and accepted OF THE TRIAL COURT AND IN IMPOSING DOUBLE COSTS
fees in the amount of ₱25,000.00 and litigation
the offer of Jambrich to come and live with him because that was a AGAINST HEREIN PETITIONER (THEN, PLAINTIFF
expenses in the amount of ₱10,000.00; and,
big financial opportunity for her and her children who were already APPELLEE).14
abandoned by her husband.9
6) To pay the costs.11
First, who purchased the subject properties?
x x x
Respondent appealed to the Court of Appeals. In a Decision dated
April 10, 2002,12 the appellate court reversed the decision of the The evidence clearly shows, as pointed out by the trial court, who
The only probable and possible reason why her name appeared and between respondent and Jambrich possesses the financial capacity
trial court. In ruling for the respondent, the Court of Appeals held:
was included in [the contracts to sell dated November 18, 1985 and to acquire the properties in dispute. At the time of the acquisition
March 10, 1986 and finally, the deed of absolute sale dated of the properties in 1985 to 1986, Jambrich was gainfully
November 16, 1987] as buyer is because as observed by the Court, We disagree with the lower court’s conclusion. The circumstances
employed at SimmeringGraz Panker A.G., an Austrian company.
she being a scheming and exploitive woman, she has taken involved in the case cited by the lower court and similar cases
He was earning an estimated monthly salary of ₱50,000.00. Then,
advantage of the goodness of Jambrich who at that time was still decided on by the Supreme Court which upheld the validity of the
Jambrich was assigned to Syria for almost one year where his
bewitched by her beauty, sweetness, and good attitude shown by title of the subsequent Filipino purchasers are absent in the case at
monthly salary was approximately ₱90,000.00.
her to him since he could still very well provide for everything she bar. It should be noted that in said cases, the title to the subject
needs, he being earning (sic) much yet at that time. In fact, as property has been issued in the name of the alien transferee
(Godinez et al., vs. Fong Pak Luen et al., 120 SCRA 223 citing On the other hand, respondent was employed as a waitress from
observed by this Court, the acquisition of these properties under
Krivenko vs. Register of Deeds of Manila, 79 Phils. 461; United 1984 to 1985 with a monthly salary of not more than ₱1,000.00. In
litigation was at the time when their relationship was still going
Church Board for World Ministries vs. Sebastian, 159 SCRA 446, 1986, when the parcels of land were acquired, she was
smoothly and harmoniously.10 [Emphasis supplied.]
citing the case of Sarsosa Vda. De Barsobia vs. Cuenco, 113 unemployed, as admitted by her during the pretrial conference.
SCRA 547; Tejido vs. Zamacoma, 138 SCRA 78). In the case at Her allegations of income from a copra business were
The dispositive portion of the Decision states: unsubstantiated. The supposed copra business was actually the
bar, the title of the subject property is not in the name of Jambrich
but in the name of defendantappellant. Thus, Jambrich could not business of her mother and their family, with ten siblings. She has
WHEREFORE, . . . Decision is hereby rendered in favor of the have transferred a property he has no title thereto.13 no license to sell copra, and had not filed any income tax return.
plaintiff and against the defendant Antoniet[t]a Opalla by: All the motorized bancas of her mother were lost to fire, and the
last one left standing was already scrap. Further, the Child Study
Petitioner’s motion for reconsideration was denied.
1) Declaring plaintiff as the owner in fee simple over Report15 submitted by the Department of Social Welfare and
the residential house of strong materials and three Development (DSWD) in the adoption proceedings of
Hence, this petition for review. respondent’s two sons by Jambrich disclosed that:
parcels of land designated as Lot Nos. 1, 3 and 5 which
are covered by TCT Nos. 24790, 24791 and 24792
issued by the Register of Deeds of Mandaue City; Petitioner assigns the following errors:
155
Antonietta tried all types of job to support the children until she (3) In 19861987, respondent lived in Syria with does not necessarily, conclusively and absolutely make her the
was accepted as a waitress at St. Moritz Restaurant in 1984. At Jambrich and her two children for ten months, where owner. The rule on indefeasibility of title likewise does not apply
first she had no problem with money because most of the she was completely under the support of Jambrich. to respondent. A certificate of title implies that the title is
customers of St. Moritz are (sic) foreigners and they gave good tips quiet,23 and that it is perfect, absolute and indefeasible.24 However,
but towards the end of 1984 there were no more foreigners coming (4) Jambrich executed a Last Will and Testament, there are welldefined exceptions to this rule, as when the
because of the situation in the Philippines at that time. Her where he, as owner, bequeathed the subject properties transferee is not a holder in good faith and did not acquire the
financial problem started then. She was even renting a small room to respondent. subject properties for a valuable consideration. 25 This is the
in a squatters area in Gorordo Ave., Cebu City. It was during her situation in the instant case. Respondent did not contribute a single
time of great financial distress that she met Wilhelm Jambrich who centavo in the acquisition of the properties. She had no income of
Thus, Jambrich has all authority to transfer all his rights, interests
later offered her a decent place for herself and her children.16 her own at that time, nor did she have any savings. She and her two
and participation over the subject properties to petitioner by virtue
sons were then fully supported by Jambrich.
of the Deed of Assignment he executed on July 11, 1991.
The DSWD Home Study Report17 further disclosed that:
Respondent argued that aliens are prohibited from acquiring
Wellsettled is the rule that this Court is not a trier of facts. The
[Jambrich] was then at the Restaurant of St. Moritz when he saw private land. This is embodied in Section 7, Article XII of the 1987
findings of fact of the trial court are accorded great weight and
Antonietta Descallar, one of the waitresses of the said Restaurants. Constitution,26 which is basically a reproduction of Section 5,
respect, if not finality by this Court, subject to a number of
He made friends with the girl and asked her to tutor him in [the] Article XIII of the 1935 Constitution,27 and Section 14, Article
exceptions. In the instant case, we find no reason to disturb the
English language. Antonietta accepted the offer because she was in XIV of the 1973 Constitution.28 The capacity to acquire private
factual findings of the trial court. Even the appellate court did not
need of additional income to support [her] 2 young children who land is dependent on the capacity "to acquire or hold lands of the
controvert the factual findings of the trial court. They differed only
were abandoned by their father. Their session was agreed to be public domain." Private land may be transferred only to individuals
in their conclusions of law.
scheduled every afternoon at the residence of Antonietta in the or entities "qualified to acquire or hold lands of the public
squatters area in Gorordo Avenue, Cebu City. The Austrian was domain." Only Filipino citizens or corporations at least 60% of the
Further, the fact that the disputed properties were acquired during capital of which is owned by Filipinos are qualified to acquire or
observing the situation of the family particularly the children who
the couple’s cohabitation also does not help respondent. The rule hold lands of the public domain. Thus, as the rule now stands, the
were malnourished. After a few months sessions, Mr. Jambrich
that coownership applies to a man and a woman living exclusively fundamental law explicitly prohibits nonFilipinos from acquiring
offered to transfer the family into a decent place. He told
with each other as husband and wife without the benefit of or holding title to private lands, except only by way of legal
Antonietta that the place is not good for the children. Antonietta
marriage, but are otherwise capacitated to marry each other, does succession or if the acquisition was made by a former naturalborn
who was miserable and financially distressed at that time accepted
not apply.19 In the instant case, respondent was still legally married citizen.29
the offer for the sake of the children.18
to another when she and Jambrich lived together. In such an
adulterous relationship, no coownership exists between the
Further, the following additional pieces of evidence point to Therefore, in the instant case, the transfer of land from Agro
parties. It is necessary for each of the partners to prove his or her
Jambrich as the source of fund used to purchase the three parcels Macro Development Corporation to Jambrich, who is an Austrian,
actual contribution to the acquisition of property in order to be able
of land, and to construct the house thereon: would have been declared invalid if challenged, had not Jambrich
to lay claim to any portion of it. Presumptions of coownership and
conveyed the properties to petitioner who is a Filipino citizen. In
equal contribution do not apply.20
United Church Board for World Ministries v. Sebastian, 30 the
(1) Respondent Descallar herself affirmed under oath,
Court reiterated the consistent ruling in a number of cases31 that if
during her redirect examination and during the Second, we dispose of the issue of registration of the properties in land is invalidly transferred to an alien who subsequently becomes
proceedings for the adoption of her minor children, that the name of respondent alone. Having found that the true buyer of a Filipino citizen or transfers it to a Filipino, the flaw in the
Jambrich was the owner of the properties in question, the disputed house and lots was the Austrian Wilhelm Jambrich, original transaction is considered cured and the title of the
but that his name was deleted in the Deed of Absolute what now is the effect of registration of the properties in the name transferee is rendered valid. Applying United Church Board for
Sale because of legal constraints. Nonetheless, his of respondent? World Ministries, the trial court ruled in favor of petitioner, viz.:
signature remained in the deed of sale, where he signed
as buyer.
It is settled that registration is not a mode of acquiring [W]hile the acquisition and the purchase of (sic) Wilhelm Jambrich
ownership.21 It is only a means of confirming the fact of its of the properties under litigation [were] void ab initio since [they
(2) The money used to pay the subject parcels of land in existence with notice to the world at large. 22 Certificates of title are were] contrary to the Constitution of the Philippines, he being a
installments was in postdated checks issued by not a source of right. The mere possession of a title does not make foreigner, yet, the acquisition of these properties by plaintiff who is
Jambrich. Respondent has never opened any account one the true owner of the property. Thus, the mere fact that a Filipino citizen from him, has cured the flaw in the original
with any bank. Receipts of the installment payments respondent has the titles of the disputed properties in her name transaction and the title of the transferee is valid.
were also in the name of Jambrich and respondent.
156
The trial court upheld the sale by Jambrich in favor of petitioner
and ordered the cancellation of the TCTs in the name of
respondent. It declared petitioner as owner in fee simple of the
residential house of strong materials and three parcels of land
designated as Lot Nos. 1, 3 and 5, and ordered the Register of
Deeds of Mandaue City to issue new certificates of title in his
name. The trial court likewise ordered respondent to pay petitioner
₱25,000 as attorney’s fees and ₱10,000 as litigation expenses, as
well as the costs of suit.
We affirm the Regional Trial Court.
The rationale behind the Court’s ruling in United Church Board for
World Ministries, as reiterated in subsequent cases, 32 is this – since
the ban on aliens is intended to preserve the nation’s land for future
generations of Filipinos, that aim is achieved by making lawful the
acquisition of real estate by aliens who became Filipino citizens by
naturalization or those transfers made by aliens to Filipino citizens.
As the property in dispute is already in the hands of a qualified
person, a Filipino citizen, there would be no more public policy to
be protected. The objective of the constitutional provision to keep
our lands in Filipino hands has been achieved.
IN VIEW WHEREOF, the petition is GRANTED. The Decision of
the Court of Appeals in C.A. G.R. CV No. 42929 dated April 10,
2002 and its Resolution dated July 8, 2003 are REVERSED and
SET ASIDE. The Decision of the Regional Trial Court of
Mandaue City in Civil Case No. MAN1148 is REINSTATED.
SO ORDERED.
REYNATO S. PUNO
Chief Justice
157
Republic of the Philippines ATTY. LUNA, a practicing lawyer, was at first a name partner in "JUAN LUCES LUNA, married to Soledad L. Luna (46/100);
SUPREME COURT the prestigious law firm Sycip, Salazar, Luna, Manalo, Hernandez MARIO E. ONGKIKO, married to Sonia P.G. Ongkiko (25/100);
Manila & Feliciano Law Offices at that time when he was living with his GREGORIO R. PURUGANAN, married to Paz A. Puruganan
first wife, herein intervenorappellant Eugenia ZaballeroLuna (17/100); and TERESITA CRUZ SISON, married to Antonio J.M.
FIRST DIVISION (EUGENIA), whom he initially married ina civil ceremony Sison (12/100) x x x" Subsequently, 8/100 share of ATTY. LUNA
conducted by the Justice of the Peace of Parañaque, Rizal on and 17/100 share of Atty. Gregorio R. Puruganan in the
September 10, 1947 and later solemnized in a church ceremony at condominium unit was sold to Atty. Mario E. Ongkiko, for which a
G.R. No. 171914 July 23, 2014 the ProCathedral in San Miguel, Bulacan on September 12, 1948. new CCT No. 21761 was issued on February 7, 1992 in the
In ATTY. LUNA’s marriage to EUGENIA, they begot seven (7) following names:
SOLEDAD L. LAVADIA, Petitioner, children, namely: Regina Maria L. Nadal, Juan Luis Luna, Araceli
vs. Victoria L. Arellano, Ana Maria L. Tabunda, Gregorio Macario "JUAN LUCES LUNA, married to Soledad L. Luna (38/100);
HEIRS OF JUAN LUCES LUNA, represented by Luna, Carolina Linda L. Tapia, and Cesar Antonio Luna. After MARIO E. ONGKIKO, married to Sonia P.G. Ongkiko (50/100);
GREGORIO Z. LUNA and EUGENIA ZABALLERO almost two (2) decades of marriage, ATTY. LUNA and EUGENIA TERESITA CRUZ SISON, married to Antonio J.M. Sison
LUNA, Respondents. eventually agreed to live apart from each other in February 1966 (12/100) x x x"
and agreed to separation of property, to which end, they entered
into a written agreement entitled "AGREEMENT FOR
D E C I S I O N Sometime in 1992, LUPSICON was dissolved and the
SEPARATION AND PROPERTY SETTLEMENT" dated
condominium unit was partitioned by the partners but the same
November 12, 1975, whereby they agreed to live separately and to
BERSAMIN, J.: was still registered in common under CCT No. 21716. The parties
dissolve and liquidate their conjugal partnership of property.
stipulated that the interest of ATTY. LUNA over the condominium
unit would be 25/100 share. ATTY. LUNA thereafter established
Divorce between Filipinos is void and ineffectual under the On January 12, 1976, ATTY. LUNA obtained a divorce decree of and headed another law firm with Atty. Renato G. Dela Cruzand
nationality rule adopted by Philippine law. Hence, any settlement his marriage with EUGENIA from the Civil and Commercial used a portion of the office condominium unit as their office. The
of property between the parties of the first marriage involving Chamber of the First Circumscription of the Court of First Instance said law firm lasted until the death of ATTY. JUAN on July 12,
Filipinos submitted as an incident of a divorce obtained in a of Sto. Domingo, Dominican Republic. Also in Sto.Domingo, 1997.
foreign country lacks competent judicial approval, and cannot be Dominican Republic, on the same date, ATTY. LUNA contracted
enforceable against the assets of the husband who contracts a another marriage, this time with SOLEDAD. Thereafter, ATTY.
After the death of ATTY. JUAN, his share in the condominium
subsequent marriage. LUNA and SOLEDAD returned to the Philippines and lived
unit including the lawbooks, office furniture and equipment found
together as husband and wife until 1987.
therein were taken over by Gregorio Z. Luna, ATTY. LUNA’s son
The Case of the first marriage. Gregorio Z. Luna thenleased out the 25/100
Sometime in 1977, ATTY. LUNA organized a new law firm portion of the condominium unit belonging to his father to Atty.
The petitioner, the second wife of the late Atty. Juan Luces Luna, named: Luna, Puruganan, Sison and Ongkiko (LUPSICON) where Renato G. De la Cruz who established his own law firm named
appeals the adverse decision promulgated on November 11, ATTY. LUNA was the managing partner. Renato G. De la Cruz & Associates.
2005,1 whereby the Court of Appeals (CA) affirmed with
modification the decision rendered on August 27, 2001 by the On February 14, 1978, LUPSICON through ATTY. LUNA The 25/100 proindiviso share of ATTY. Luna in the condominium
Regional Trial Court (RTC), Branch 138, in Makati City. 2 The CA purchased from Tandang Sora Development Corporation the 6th unit as well as the law books, office furniture and equipment
thereby denied her right in the 25/100 pro indiviso share of the Floor of KalawLedesma Condominium Project(condominium became the subject of the complaint filed by SOLEDAD against
husband in a condominium unit, and in the law books of the unit) at Gamboa St., Makati City, consisting of 517.52 square the heirs of ATTY. JUAN with the RTC of Makati City, Branch
husband acquired during the second marriage. meters, for ₱1,449,056.00, to be paid on installment basis for 138, on September 10, 1999, docketed as Civil Case No. 991644.
36months starting on April 15, 1978. Said condominium unit was The complaint alleged that the subject properties were acquired
Antecedents to be usedas law office of LUPSICON. After full payment, the during the existence of the marriage between ATTY. LUNA and
Deed of Absolute Sale over the condominium unit was executed on SOLEDAD through their joint efforts that since they had no
July 15, 1983, and CCT No. 4779 was issued on August 10, 1983, children, SOLEDAD became coowner of the said properties upon
The antecedent facts were summarized by the CA as follows:
which was registered bearing the following names: the death of ATTY. LUNA to the extent of ¾ proindiviso share
consisting of her ½ share in the said properties plus her ½ share in
the net estate of ATTY. LUNA which was bequeathed to her in the
158
latter’s last will and testament; and thatthe heirs of ATTY. LUNA Decision of the CA VII. THE LOWER COURT ERRED IN RULING
through Gregorio Z. Luna excluded SOLEDAD from her share in THAT NEITHER ARTICLE 148 OF THE
the subject properties. The complaint prayed that SOLEDAD be Both parties appealed to the CA.6 FAMILYCODE NOR ARTICLE 144 OF THE CIVIL
declared the owner of the ¾ portion of the subject properties;that CODE OF THE PHILIPPINES ARE APPLICABLE;
the same be partitioned; that an accounting of the rentals on the
On her part, the petitioner assigned the following errors to the
condominium unit pertaining to the share of SOLEDAD be VIII. THE LOWER COURT ERRED IN NOT
RTC, namely:
conducted; that a receiver be appointed to preserve ad administer RULING THAT THE CAUSE OF ACTION OF THE
the subject properties;and that the heirs of ATTY. LUNA be INTERVENORAPPELLANT HAS BEEN BARRED
ordered to pay attorney’s feesand costs of the suit to SOLEDAD.3 I. THE LOWER COURT ERRED IN RULING THAT
BY PESCRIPTION AND LACHES; and
THE CONDOMINIUM UNIT WAS ACQUIRED
THRU THE SOLE INDUSTRY OF ATTY. JUAN
Ruling of the RTC IX. THE LOWER COURT ERRED IN NOT
LUCES LUNA;
EXPUNGING/DISMISSING THE INTERVENTION
On August 27, 2001, the RTC rendered its decision after trial upon FOR FAILURE OF INTERVENORAPPELLANT TO
II. THE LOWER COURT ERRED IN RULING THAT
the aforementioned facts,4 disposing thusly: PAY FILING FEE.7
PLAINTIFFAPPELLANT DID NOT CONTRIBUTE
MONEY FOR THE ACQUISITION OF THE
WHEREFORE, judgment is rendered as follows: CONDOMINIUM UNIT; In contrast, the respondents attributedthe following errors to the
trial court, to wit:
(a) The 24/100 proindiviso share in the condominium III. THE LOWER COURT ERRED IN GIVING
unit located at the SIXTH FLOOR of the KALAW CREDENCE TO PORTIONS OF THE TESTIMONY I. THE LOWER COURT ERRED IN HOLDING
LEDESMA CONDOMINIUM PROJECT covered by OF GREGORIO LUNA, WHO HAS NO ACTUAL THAT CERTAIN FOREIGN LAW BOOKS IN THE
Condominium Certificate of Title No. 21761 consisting KNOWLEDGE OF THE ACQUISITION OF THE LAW OFFICE OF ATTY. LUNA WERE BOUGHT
of FIVE HUNDRED SEVENTEEN (517/100) UNIT, BUT IGNORED OTHER PORTIONS OF HIS WITH THE USE OF PLAINTIFF’S MONEY;
SQUARE METERS is adjudged to have been acquired TESTIMONY FAVORABLE TO THE PLAINTIFF
by Juan Lucas Luna through his sole industry; APPELLANT; II. THE LOWER COURT ERRED IN HOLDING
THAT PLAINTIFF PROVED BY
(b) Plaintiff has no right as owner or under any other IV. THE LOWER COURT ERRED IN NOT GIVING PREPONDERANCE OF EVIDENCE (HER CLAIM
concept over the condominium unit, hence the entry in SIGNIFICANCE TO THE FACT THAT THE OVER) THE SPECIFIED FOREIGN LAW BOOKS
Condominium Certificate of Title No. 21761 of the CONJUGAL PARTNERSHIP BETWEEN LUNA FOUND IN ATTY. LUNA’S LAW OFFICE; and
Registry of Deeds of Makati with respect to the civil AND INTERVENORAPPELLANT WAS ALREADY
status of Juan Luces Luna should be changed from DISSOLVED AND LIQUIDATED PRIOR TO THE III. THE LOWER COURT ERRED IN NOT
"JUAN LUCES LUNA married to Soledad L. Luna" to UNION OF PLAINTIFFAPPELLANT AND LUNA; HOLDING THAT, ASSUMING PLAINTIFF PAID
"JUAN LUCES LUNA married to Eugenia Zaballero FOR THE SAID FOREIGN LAW BOOKS, THE
Luna"; RIGHT TO RECOVER THEM HAD PRESCRIBED
V. THE LOWER COURT ERRED IN GIVING
UNDUE SIGNIFICANCE TO THE ABSENCE OF AND BARRED BY LACHES AND ESTOPPEL.8
(c) Plaintiff is declared to be the owner of the books THE DISPOSITION OF THE CONDOMINIUM UNIT
Corpus Juris, Fletcher on Corporation, American IN THE HOLOGRAPHIC WILL OF THE On November 11, 2005, the CA promulgated its assailed modified
Jurisprudence and Federal Supreme Court Reports PLAINTIFFAPPELLANT; decision,9 holding and ruling:
found in the condominium unit and defendants are
ordered to deliver them to the plaintiff as soon as
VI. THE LOWER COURT ERRED IN GIVING EUGENIA, the first wife, was the legitimate wife of ATTY.
appropriate arrangements have been madefor transport
UNDUE SIGNIFICANCE TO THE FACTTHAT THE LUNA until the latter’s death on July 12, 1997. The absolute
and storage.
NAME OF PLAINTIFFAPPELLANT DID NOT divorce decree obtained by ATTY. LUNA inthe Dominican
APPEAR IN THE DEED OF ABSOLUTE SALE Republic did not terminate his prior marriage with EUGENIA
No pronouncement as to costs. EXECUTED BY TANDANG SORA because foreign divorce between Filipino citizens is not recognized
DEVELOPMENT CORPORATION OVER THE in our jurisdiction. x x x10
SO ORDERED.5 CONDOMINIUM UNIT;
159
x x x x In this appeal, the petitioner avers in her petition for review on relating to family rights and duties, or to the status, condition and
certiorarithat: legal capacity of persons were binding upon citizens of the
WHEREFORE, premises considered, the assailed August 27, 2001 Philippines, although living abroad.15 Pursuant to the nationality
Decision of the RTC of MakatiCity, Branch 138, is hereby A. The Honorable Court of Appeals erred in ruling that rule, Philippine laws governed thiscase by virtue of bothAtty. Luna
MODIFIEDas follows: the Agreement for Separation and Property Settlement and Eugenio having remained Filipinos until the death of Atty.
executed by Luna and Respondent Eugenia was Luna on July 12, 1997 terminated their marriage.
SO ORDERED. 11
2. The Agreement for Separation and Property Settlement
1. Atty. Luna’s first marriage with Eugenia
subsisted up to the time of his death was void for lack of court approval
On March 13, 2006,12 the CA denied the petitioner’s motion for
reconsideration.13 The petitioner insists that the Agreement for Separation and
The first marriage between Atty. Luna and Eugenia, both Filipinos,
was solemnized in the Philippines on September 10, 1947. The law Property Settlement (Agreement) that the late Atty. Luna and
Issues in force at the time of the solemnization was the Spanish Civil Eugenia had entered into and executed in connection with the
Code, which adopted the nationality rule. The Civil Codecontinued divorce proceedings before the CFI of Sto. Domingo in the
to follow the nationality rule, to the effect that Philippine laws Dominican Republic to dissolve and liquidate their conjugal
160
partnership was enforceable against Eugenia. Hence, the CA (4) In case of judicial separation of property under for their execution of the Agreement were identical to the grounds
committed reversible error in decreeing otherwise. Article 191. raised in the action for divorce.21 With the divorce not being itself
valid and enforceable under Philippine law for being contrary to
The insistence of the petitioner was unwarranted. The mere execution of the Agreement by Atty. Luna and Eugenia Philippine public policy and public law, the approval of the
did not per sedissolve and liquidate their conjugal partnership of Agreement was not also legally valid and enforceable under
gains. The approval of the Agreement by a competent court was Philippine law. Consequently, the conjugal partnership of gains of
Considering that Atty. Luna and Eugenia had not entered into any
still required under Article 190 and Article 191 of the Civil Code, Atty. Luna and Eugenia subsisted in the lifetime of their marriage.
marriage settlement prior to their marriage on September 10, 1947,
the system of relative community or conjugal partnership of gains as follows:
governed their property relations. This is because the Spanish Civil 3. Atty. Luna’s marriage with Soledad, being bigamous,
Code, the law then in force at the time of their marriage, did not Article 190. In the absence of an express declaration in the was void; properties acquired during their marriage
specify the property regime of the spouses in the event that they marriage settlements, the separation of property between spouses were governed by the rules on coownership
had not entered into any marriage settlement before or at the time during the marriage shall not take place save in virtue of a judicial
of the marriage. Article 119 of the Civil Codeclearly so provides, order. (1432a) What law governed the property relations of the second marriage
to wit: between Atty. Luna and Soledad?
Article 191. The husband or the wife may ask for the separation of
Article 119. The future spouses may in the marriage settlements property, and it shall be decreed when the spouse of the petitioner The CA expressly declared that Atty. Luna’s subsequent marriage
agree upon absolute or relative community of property, or upon has been sentenced to a penalty which carries with it civil to Soledad on January 12, 1976 was void for being bigamous, 22 on
complete separation of property, or upon any other regime. In the interdiction, or has been declared absent, or when legal separation the ground that the marriage between Atty. Luna and Eugenia had
absence of marriage settlements, or when the same are void, the has been granted. not been dissolved by the Divorce Decree rendered by the CFI of
system of relative community or conjugal partnership of gains as Sto. Domingo in the Dominican Republic but had subsisted until
established in this Code, shall govern the property relations x x x x the death of Atty. Luna on July 12, 1997.
between husband and wife.
The husband and the wife may agree upon the dissolution of the The Court concurs with the CA.
Article 142 of the Civil Codehas defined a conjugal partnership of conjugal partnership during the marriage, subject to judicial
gains thusly: approval. All the creditors of the husband and of the wife, as well In the Philippines, marriages that are bigamous, polygamous, or
as of the conjugal partnership shall be notified of any petition for incestuous are void. Article 71 of the Civil Codeclearly states:
Article 142. By means of the conjugal partnership of gains the judicialapproval or the voluntary dissolution of the conjugal
husband and wife place in a common fund the fruits of their partnership, so that any such creditors may appear atthe hearing to Article 71. All marriages performed outside the Philippines in
separate property and the income from their work or industry, and safeguard his interests. Upon approval of the petition for accordance with the laws in force in the country where they were
divide equally, upon the dissolution of the marriage or of the dissolution of the conjugal partnership, the court shall take such performed, and valid there as such, shall also be valid in this
partnership, the net gains or benefits obtained indiscriminately by measures as may protect the creditors and other third persons. country, except bigamous, polygamous, or incestuous marriages as
either spouse during the marriage. determined by Philippine law.
After dissolution of the conjugal partnership, the provisions of
The conjugal partnership of gains subsists until terminated for any articles 214 and 215 shall apply. The provisions of this Code Bigamy is an illegal marriage committed by contracting a second
of various causes of termination enumerated in Article 175 of the concerning the effect of partition stated in articles 498 to 501 shall or subsequent marriage before the first marriage has been legally
Civil Code, viz: be applicable. (1433a) dissolved, or before the absent spouse has been declared
presumptively dead by means of a judgment rendered in the proper
Article 175. The conjugal partnership of gains terminates: But was not the approval of the Agreement by the CFI of Sto. proceedings.23 A bigamous marriage is considered void ab initio.24
Domingo in the Dominican Republic sufficient in dissolving and
(1) Upon the death of either spouse; liquidating the conjugal partnership of gains between the late Atty. Due to the second marriage between Atty. Luna and the petitioner
Luna and Eugenia? being void ab initioby virtue of its being bigamous, the properties
(2) When there is a decree of legal separation; acquired during the bigamous marriage were governed by the rules
The query is answered in the negative. There is no question that on coownership, conformably with Article 144 of the Civil Code,
the approval took place only as an incident ofthe action for divorce viz:
(3) When the marriage is annulled;
instituted by Atty. Luna and Eugenia, for, indeed, the justifications
161
Article 144. When a man and a woman live together as husband contributions of ₱159,072.00, and in repaying the loans Atty. Luna in bad faith was not validly married to another, his or her share
and wife, but they are not married, ortheir marriage is void from had obtained from Premex Financing and Banco Filipino totaling shall be forfeited in the manner provided in the last paragraph of
the beginning, the property acquired by eitheror both of them ₱146,825.30;27 and that such aggregate contributions of the Article 147. The rules on forfeiture applied even if both parties
through their work or industry or their wages and salaries shall be ₱306,572.00 corresponded to almost the entire share of Atty. Luna were in bad faith. Coownership was the exception while conjugal
governed by the rules on coownership.(n) in the purchase of the condominium unit amounting to partnership of gains was the strict rule whereby marriage was an
₱362,264.00 of the unit’s purchase price of ₱1,449,056.00.28 The inviolable social institution and divorce decrees are not recognized
In such a situation, whoever alleges coownership carried the petitioner further asserts that the lawbooks were paid for solely out in the Philippines, as was held by the Supreme Court in the case of
burden of proof to confirm such fact.1âwphi1 To establish co of her personal funds, proof of which Atty. Luna had even sent her Tenchavez vs. Escaño, G.R. No. L19671, November 29, 1965, 15
ownership, therefore, it became imperative for the petitioner to a "thank you" note;29 that she had the financial capacity to make SCRA 355, thus:
offer proof of her actual contributions in the acquisition of the contributions and purchases; and that Atty. Luna could not
property. Her mere allegation of coownership, without sufficient acquire the properties on his own due to the meagerness of the x x x x
and competent evidence, would warrant no relief in her favor. As income derived from his law practice.
the Court explained in Saguid v. Court of Appeals:25 As to the 25/100proindivisoshare of ATTY. LUNA in the
Did the petitioner discharge her burden of proof on the co condominium unit, SOLEDAD failed to prove that she made an
In the cases of Agapay v. Palang, and Tumlos v. Fernandez, which ownership? actual contribution to purchase the said property. She failed to
involved the issue of coownership ofproperties acquired by the establish that the four (4) checks that she presented were indeed
parties to a bigamous marriage and an adulterous relationship, In resolving the question, the CA entirely debunked the petitioner’s used for the acquisition of the share of ATTY. LUNA in the
respectively, we ruled that proof of actual contribution in the assertions on her actual contributions through the following condominium unit. This was aptly explained in the Decision of the
acquisition of the property is essential. The claim of coownership findings and conclusions, namely: trial court, viz.:
of the petitioners therein who were parties to the bigamous and
adulterousunion is without basis because they failed to substantiate SOLEDAD was not able to prove by preponderance of evidence "x x x The first check, Exhibit "M" for ₱55,000.00 payable to Atty.
their allegation that they contributed money in the purchase of the that her own independent funds were used to buy the law office Teresita Cruz Sison was issued on January 27, 1977, which was
disputed properties. Also in Adriano v. Court of Appeals, we ruled condominium and the law books subject matter in contentionin this thirteen (13) months before the Memorandum of Agreement,
that the fact that the controverted property was titled in the name of case – proof that was required for Article 144 of the New Civil Exhibit "7" was signed. Another check issued on April 29, 1978 in
the parties to an adulterous relationship is not sufficient proof of Code and Article 148 of the Family Code to apply – as to cases the amount of ₱97,588.89, Exhibit "P" was payable to Banco
coownership absent evidence of actual contribution in the where properties were acquired by a man and a woman living Filipino. According to the plaintiff, thiswas in payment of the loan
acquisition of the property. together as husband and wife but not married, or under a marriage of Atty. Luna. The third check which was for ₱49,236.00 payable
which was void ab initio. Under Article 144 of the New Civil to PREMEX was dated May 19, 1979, also for payment of the loan
As in other civil cases, the burden of proof rests upon the party Code, the rules on coownership would govern. But this was not of Atty. Luna. The fourth check, Exhibit "M", for ₱4,072.00 was
who, as determined by the pleadings or the nature of the case, readily applicable to many situations and thus it created a void at dated December 17, 1980. None of the foregoing prove that the
asserts an affirmative issue. Contentions must be proved by first because it applied only if the parties were not in any way amounts delivered by plaintiff to the payees were for the
competent evidence and reliance must be had on the strength of the incapacitated or were without impediment to marry each other (for acquisition of the subject condominium unit. The connection was
party’s own evidence and not upon the weakness of the opponent’s it would be absurd to create a coownership where there still exists simply not established. x x x"
defense. This applies with more vigor where, as in the instant case, a prior conjugal partnership or absolute community between the
the plaintiff was allowed to present evidence ex parte.1âwphi1 The man and his lawful wife). This void was filled upon adoption of SOLEDAD’s claim that she made a cash contribution of
plaintiff is not automatically entitled to the relief prayed for. The the Family Code. Article 148 provided that: only the property ₱100,000.00 is unsubstantiated. Clearly, there is no basis for
law gives the defendantsome measure of protection as the plaintiff acquired by both of the parties through their actual joint SOLEDAD’s claim of coownership over the 25/100 portion of the
must still prove the allegations in the complaint. Favorable relief contribution of money, property or industry shall be owned in condominium unit and the trial court correctly found that the same
can be granted only after the court isconvinced that the facts common and in proportion to their respective contributions. Such was acquired through the sole industry of ATTY. LUNA, thus:
proven by the plaintiff warrant such relief. Indeed, the party contributions and corresponding shares were prima faciepresumed
alleging a fact has the burden of proving it and a mereallegation is to be equal. However, for this presumption to arise, proof of actual
"The Deed of Absolute Sale, Exhibit "9", covering the
not evidence.26 contribution was required. The same rule and presumption was to
condominium unit was in the name of Atty. Luna, together with his
apply to joint deposits of money and evidence of credit. If one of
partners in the law firm. The name of the plaintiff does not appear
The petitioner asserts herein that she sufficiently proved her actual the parties was validly married to another, his or her share in the
as vendee or as the spouse of Atty. Luna. The same was acquired
contributions in the purchase of the condominium unit in the coownership accrued to the absolute community or conjugal
for the use of the Law firm of Atty. Luna. The loans from Allied
aggregate amount of at least ₱306,572.00, consisting in direct partnership existing in such valid marriage. If the party who acted
Banking Corporation and Far East Bank and Trust Company were
162
loans of Atty. Luna and his partners and plaintiff does not have LUCAS P. BERSAMIN
evidence to show that she paid for them fully or partially. x x x" Associate Justice
The fact that CCT No. 4779 and subsequently, CCT No. 21761
were in the name of "JUAN LUCES LUNA, married to Soledad L.
Luna" was no proof that SOLEDAD was a coowner of the
condominium unit. Acquisition of title and registration thereof are
two different acts. It is well settled that registration does not confer
title but merely confirms one already existing. The phrase "married
to" preceding "Soledad L. Luna" is merely descriptive of the civil
status of ATTY. LUNA.
SOLEDAD, the second wife, was not even a lawyer. So it is but
logical that SOLEDAD had no participation in the law firm or in
the purchase of books for the law firm. SOLEDAD failed to prove
that she had anything to contribute and that she actually purchased
or paid for the law office amortization and for the law books. It is
more logical to presume that it was ATTY. LUNA who bought the
law office space and the law books from his earnings from his
practice of law rather than embarrassingly beg or ask from
SOLEDAD money for use of the law firm that he headed.30
The Court upholds the foregoing findings and conclusions by the
CA both because they were substantiated by the records and
because we have not been shown any reason to revisit and undo
them. Indeed, the petitioner, as the party claiming the co
ownership, did not discharge her burden of proof. Her mere
allegations on her contributions, not being evidence,31 did not serve
the purpose. In contrast, given the subsistence of the first marriage
between Atty. Luna and Eugenia, the presumption that Atty. Luna
acquired the properties out of his own personal funds and effort
remained. It should then be justly concluded that the properties in
litislegally pertained to their conjugal partnership of gains as of the
time of his death. Consequently, the sole ownership of the 25/100
pro indivisoshare of Atty. Luna in the condominium unit, and of
the lawbooks pertained to the respondents as the lawful heirs of
Atty. Luna.
WHEREFORE, the Court AFFIRMS the decision promulgated on
November 11, 2005; and ORDERS the petitioner to pay the costs
of suit.
SO ORDERED.
163
Republic of the Philippines Soon thereafter, respondent sent letters to her siblings demanding Appeals, Et al[.,] G.R. No. 118284, July 4, 1996) the
SUPREME COURT that they vacate the subject property, under pain of litigation. Supreme Court held: 'xxx inferior courts retain jurisdiction
Manila over ejectment cases even if the question of possession
Petitioners and their other siblings just as soon filed a
cannot be resolved without passing upon the issue of
SECOND DIVISION Complaint10 against respondent and the Register of Deeds of San
ownership; but this is subject to the caveat that the issue
Juan City for annulment and cancellation of TCT 12575 and the
G.R. No. 200969 August 03, 2015 raised as to ownership be resolved by the Trial Court for the
June 6, 2006 deed of sale, reconveyance, and damages, on the
sole purpose of determining the issue of possession x x x.'
CONSOLACION D. ROMERO AND ROSARIO S. D. claim that the deed of sale is a forgery and that as heirs of Macario
Thus, even where the defendants assert in their Answer,
and Felicidad, the true owners of the subject property, they were
DOMINGO, Petitioners, ownership of or Title to the property, the inferior Court is
entitled to a reconveyance of the same. The case was docketed as
vs. not deprived of its jurisdiction, xxx
Civil Case No. 70898SJ and assigned to Branch 160 of the RTC
ENGRACIA D. SINGSON, Respondent.
of Pasig City.
D E C I S I O N xxxx
Ruling of the Metropolitan Trial Court (MeTC)
DEL CASTILLO, J.: As to the second issue as to whether or not plaintiff may
validly eject the defendants, again this Court answers in the
This Petition for Review on Certiorari seeks to set aside the On September 26, 2006, respondent filed an unlawful detainer suit affirmative, since the plaintiff is a holder of a Torrens Title
February 29, 2012 Decision of the Court of Appeals (CA) in CA against petitioners and her brothers Rafael and Ramon before the which is a right in rem. The defendants in their defense that
G.R. SP No. 114363 which granted herein respondent's Petition for MeTC of San Juan City. Docketed as Civil Case No. 9534 and they have filed a case before the Regional Trial Court
Review, reversed the December 11, 2009 Order of the Regional assigned to MeTC Branch 58, respondent in her questioning the Title of the plaintiff is their right and
Trial Court of Pasig City, Branch 160 (RTC) in SCA No. 3144, Complaint11 sought to evict her siblings from the subject property prerogative, unless however restrained by higher court, this
and reinstated the said RTC's April 29, 2009 Decision. on the claim that she is the owner of the same; that her siblings' Court will proceed as mandated by law and jurisprudence.
stay therein was merely tolerated; and that she now needed the This action for unlawful detainer is sanctioned by Rule 70
Factual Antecedents premises to serve as her daughters' residence. Thus, she prayed that of the 1997 Rules of Civil Procedure which provides:
her siblings be ordered to vacate the premises and pay monthly
The parties herein petitioners Consolacion Domingo Romero and rent of P2,000.00 from date of demand until they vacate the
xxxx
Rosario S.D. Domingo and respondent Engracia Domingo Singson premises, as well as attorney's fees and costs of suit.
are siblings. Their parents, Macario and Felicidad Domingo, own In their Answer,12 petitioners prayed for dismissal, claiming that While the defendants claim that their parents are still the
a 223square meter piece of property (the subject property) located the June 6, 2006 deed of sale was a forgery, and no certificate of owner[s] of the subject property in litigation and during
at 127 F. Sevilla Street, San Juan City, Metro Manila covered by title in her name could be issued; that they thus remained co their lifetime have not awarded nor alienated said property
Transfer Certificate of Title No. (32600) (23937) 845R5 (TCT owners of the subject property, and respondent had no right to to anybody, why then has plaintiff the Title of said
845R) which was issued in 1953. It appears that petitioners and evict them; and that the pendency of Civil Case No. 70898SJ bars property? If it was secured fraudulently, the same is of no
other siblings, Rafael and Ramon Domingo, are the actual the ejectment suit against them. moment since it has its own forum to address to [sic].
occupants of the subject property, having stayed there with their Moreover, the pendency of an action questioning the
parents since birth. On the other hand, respondent took up After proceedings or on September 17, 2007, the MeTC rendered a
ownership of the property does not bar the filing or
residence in Mandaluyong City after getting married. Decision,13 decreeing as follows:
consideration of an ejectment suit nor the execution of the
On February 22, 1981, Macario passed away, while Felicidad died judgment therein xxx. As correctly pointed out by the
Anent the first issue of jurisdiction, the Court answers in the plaintiff, 'ownership may be exercised over things or rights,'
on September 14, 1997.6
affirmative xxx. Art. 427 of the New Civil Code. Likewise, Art. 428 of the
On June 7, 2006, TCT 845R was cancelled and a new certificate same code provides that: 'the owner has the right to enjoy
of title Transfer Certificate of Title No. 12575R7 or 125758 (TCT xxxx and dispose of a thing, without other limitations than those
12575) was issued in respondent's name, by virtue of a notarized established by law. The owner has also a right of action
"Absolute Deed of Sale"9 ostensibly executed on June 6, 2006 by From the abovequoted verse, the Metropolitan Trial Courts, against the holder and possessor of the thing in order to
and between Macario and Felicidad as sellers, and respondent as Municipal Trial Courts and Municipal Circuit Trial Courts recover it.' Further, Art. 434 states that 'in an action to
buyer. And this despite the fact that Macario and Felicidad were have the exclusive original jurisdiction over this case. recover, the property must be identified, and the plaintiff
then already deceased. Moreover, in the case of Hilario vs. Court of Appeals, (260 must rely on the strength of his Title and not on the
SCRA 420,426 citing: Refugia, Et al[.] vs. Court of weakness of the defendant's claim.' The defendants therefore
164
can be validly ejected from the premises in question since and in not granting them damages and awarding the same instead With costs against the appellant.
this is not accion publiciana as claimed by the defendants. to respondent.
SO ORDERED.
Finally, on the third issue of damages and the side issue of On April, 29, 2009, the RTC rendered its Decision, 15 pronouncing
reasonable compensation for the use of the subject premises, as follows: On motion for reconsideration, however, the RTC reversed itself.
the Supreme Court in the case of BalanonAnicete vs. Thus, in a December 11, 2009 Order,17 it held that
Balano, 402 SCRA 514 held: 'xxx persons who occupy the Stripped of its nonessentials, the appeal primarily hinges on
land of another at the latter's tolerance or permission the lower court's failure to rule upon the issue on the 2. This Court's Findings
without any contract between them [are] necessarily bound validity of Transfer Certificate of Title No. 12575 of the lot,
by an implied promise that they will vacate the same upon subject of the ejectment suit.
demand, failing in which a summary action for ejectment is At the outset, it should be mentioned that the court a
the proper remedy against them.' Hence, upon demand, quo should have dismissed the complaint outright for failure
Upon a judicious consideration of the arguments raised by
plaintiff is entitled to collect reasonable compensation for to comply with a condition precedent under Section 10,
the parties in their respective memorandum visavis the
the actual occupation of the subject property which is Rule 16 of the Rules of Civil Procedure, the parties being
decision of the court a quo, this court opines and so holds
P2,000.00 per month and the payment of attorney's fees. siblings and there being no allegations in the complaint as
that the said court did not err in its findings. The validity of
Since no evidence was presented relative to damages, the regards efforts at compromise having been exerted, a matter
a transfer certificate of title cannot be raised in the said
Court cannot award the same. that was raised in the answer of defendants Consolation
ejectment suit as it partakes of a collateral attack against the
Romero and Rosario D. Domingo.
said title. This is not allowed under the principle of
WHEREFORE, premises considered, judgment is hereby indefeasibility of a Torrens title. The issue on the validity of
rendered as follows: title i.e., whether or not it was fraudulently issued, can only 2.1. The Issue of MeTC Jurisdiction
be raised in an action expressly instituted for that purpose.
1. Ordering the defendants and all persons claiming rights The court a quo is correct in ruling that it has jurisdiction
under them to vacate the subject property known as No. 127 The ruling of the Supreme Court in the case of Raymundo over this case, the allegations in the complaint being so
F. Sevilla St., San Juan, Metro Manila and to surrender and Perla De Guzman vs. Praxides J. Agbagala, G.R. No. phrased as to present one apparently for unlawful detainer.
peaceful possession thereof to the plaintiff in this case; 163566, February 19, 2008 is revelatory, thus: It did not matter that after answers were filed and further
proceedings were had, what emerged were issues of
ownership and possession being intricately interwoven, the
2. Ordering the defendants to pay plaintiff the amount of 'Indeed, a decree of registration or patent and the
court being clothed with jurisdiction to provisionally
P2,000.00 per month for the actual use and occupation of certificate of title issued pursuant thereto may be
adjudicate the issue of ownership, it being necessary in
the subject property reckoned from date of extrajudicial attacked on the ground of falsification or fraud within
resolving the question of possession.
demand which is August 7, 2006, until defendants shall one year from the date of their issuance. Such an attack
have finally vacated the premises; must be direct and not by a collateral proceeding. The
rationale is this: 2.2. The Issue of Whether or Not Plaintiff Can Eject
Defendants
3. Ordering the defendants to pay plaintiff the amount of
P10,000.00 as and by way of attorney's fees; and xxx [The] public should be able to rely on the registered
In Barnachea vs. Court of Appeals, et al., it was held that
title. The Torrens System was adopted in this country
one of the features of an unlawful detainer case is
4. The costs of suit. because it was believed to be the most effective
possession of property by defendant being at the start legal,
measure to guarantee the integrity of land titles and to
becoming illegal by reason of the termination of right to
protect their indefeasibility once the claim of ownership
SO ORDERED. possess based on his contract or other arrangement with
is established and recognized.
plaintiff.
Ruling of the Regional Trial Court
For reasons aforestated, the appeal is hereby DENIED.
hi this case, the legal possession of subject premises by
In an appeal before the RTC docketed as SCA Case No. 3144, defendantsappellants, they being the heirs of original
WHEREFORE, premises considered, judgment is hereby owners Macario and Felicidad Domingo, has not ceased.
petitioners and their codefendants argued that the MeTC erred in
rendered affirming in toto in [sic] the decision of the lower The basis for the claimed ownership by plaintiffappellee is
not resolving the issue of ownership, in ordering them to vacate the
court dated September 17, 2007. a deed of absolute sale dated 06 June 2006 (Exhibit "2")
premises, in deciding issues which were not framed by the parties,
165
showing the signatures of vendor Sps. Domingo whose SO ORDERED.18
respective death certificates indicate that Macario died on IN RULING THAT THE RESPONDENTS CANNOT
22 February 1981 and Felicidad on 14 September 1997. It is Respondent filed a Motion for Reconsideration, which the
19 BE EJECTED FROM THE SUBJECT PREMISES,
clear that the deed of sale became the basis for the transfer RTC denied in a subsequent Order 20 dated May 17, 2010. THEIR OCCUPANCY BEING PREMISED ON
of subject property in plaintiffappellee's name under TCT The trial court held: THEIR RIGHT AS COOWNERS, BEING
No. 12575 (Exhibit "A"), a fact that prompted herein COMPULSORY HEIRS OF THEIR [PETITIONER]
defendantsappellants to file a complaint for annulment of PARENTS AND IT NOT BEING ESTABLISHED
In essence, plaintiff argues that possession and not
sale and reconveyance of ownership, docketed as Civil Case THAT THEY HAD ALIENATED SUCH RIGHT IN
ownership should have been the central issue in this
No. 70898SJ earlier than this subject case. FAVOR OF THE PETITIONER.
appealed ejectment suit. As the subject property is titled in
plaintiffs name, necessarily, she has better right of
It appearing that defendantsappellants' occupancy of possession than defendants. II.
subject property is premised on their right thereto as co
owners, being compulsory heirs of their parents, and it not The court is not persuaded. Germane is Section 16, Rule 70
being established that they had alienated such right in favor of the 1997 Rules of Civil Procedure, to wit: IN RULING THAT THE RESPONDENTS ARE
of their sister, herein plaintiffappellee, the latter cannot ENTITLED TO THE AWARD OF ATTORNEY'S
eject them therefrom. FEES.'
Section 16. Resolving defense of ownership. When the
defendant raises the defense of ownership in his pleadings
2.3. The Issue of Whether or Not Defendants are Entitled to and the question of possession cannot be resolved without This Court's Ruling
Damages deciding the issue of ownership, the issue of ownership shall
be resolved only to determine the issue of possession. Contending that the RTC erred when it held that
While defendants Rafael and Ramon Domingo allege and
respondents cannot be ejected from the subject lot because
pray for actual and moral damages and attorney's fees in
Having determined the ownership issue in resolving they are coowners thereof and heirs of their deceased
their answer and all [the] defendants do so in their position
defendants' right of possession pursuant to the aforestated parents, petitioner points out that the only issue that should
paper, the court can award only the last, it being established
rule, the court hereby finds no cogent reason or sufficient be tackled in an unlawful detainer case is the right of a
that they were compelled to litigate to protect their right,
justification to reconsider its previous ruling dated 11 plaintiff to possession de facto over the property in question.
and such award being just and equitable. As for actual and
December 2009.
moral damages, there is no sufficient basis for a grant
For their part, respondents argue that they have legal and
thereof. It is noted that not a single affidavit of any of the
WHEREFORE, the motion for reconsideration is hereby actual possession of the subject lot as they are the heirs of
four defendants is attached to their position paper, as
DENIED for lack of merit. their deceased parents who are the registered owners of said
required under Section 10, Rule 70, Rules of Civil
subject lot. On the other hand, the title to the subject lot that
Procedure, and Section 9, Revised Rule on Summary
SO ORDERED. was registered under petitioner's name is null and void for it
Procedure.
was issued based on a forged deed of absolute sale.
WHEREFORE, the foregoing considered, the court hereby Ruling of the Court of Appeals
The petition has merit.
grants the motion for reconsideration of its decision on
appeal affirming in toto the decision of the Metropolitan Respondent filed a Petition for Review 22 with the CA, docketed as In an unlawful detainer case, the defendant's possession of a
Trial Court, Branch 58, San Juan City. Consequently, it CAG.R. SP No. 114363. On February 29, 2012, the CA rendered property becomes illegal when he is demanded by the
hereby reverses said decision by decreeing that plaintiff judgment, as follows: plaintiff to vacate therefrom due to the expiration or
appellee has no cause of action against herein defendants termination of his right to possess the same under the
appellants who are entitled to possession of the subject contract but the defendant refuses to heed such demand.
Petitioner seeks to reverse and set aside the assailed Orders since
premises, rendering the complaint dismissible and hereby Thus, the sole issue to be resolved is who between the
the RTC allegedly erred:
dismisses it. Corrolarily, plaintiffappellee's motion for parties have [sic] a right to the physical or material
execution is hereby denied. Plaintiffappellee is hereby possession of the property involved, independently of any
ordered to pay defendantsappellants P8,000.00 each in 'I. claim of ownership by any of the parties.
attorney's fees. Costs against plaintiffappellee.
166
However, where the issue of ownership is raised by any of June 6, 2006 for a consideration of Php1,000.000.00. Clearly, the In a July 10, 2013 Resolution, 24 this Court resolved to give due
the parties, the rule in Sec. 16, Rule 70 of the Revised Rules certificate of title of the deceased parents was effectively cancelled course to the Petition.
of Court is explicit: in favor of petitioner. Hence, petitioner has a better right to the
possession de facto of the subject lot for, as held in Asuncion Issues
Section 16. Resolving defense of ownership. When the defendant Urieta Vda. de Aguilar vs. Alfaro, 'the titleholder is entitled to all
raises the defense of ownership in his pleadings and the question of the attributes of ownership of the property, including possession.'
Petitioners raise the following issues for resolution:
possession cannot be resolved without deciding the issue of
ownership, the issue of ownership shall be resolved only to Respondents' insistence that the Torrens Certificate of petitioner
should not be given any probative weight because it is null and A
determine the issue of possession.
void is of no moment. The validity of a certificate of title cannot be
collaterally attacked. Rather, the attack should be made in an THE COURT OF APPEALS (TWELFTH DIVISION)
In other words, while only possession de facto is the issue to be
action instituted mainly for that purpose, x x x OBVIOUSLY ERRED IN FAILING TO DISMISS THE
determined in an ejectment case, the issue of ownership may be
COMPLAINT (ANNEX H) BECAUSE IT DID NOT COMPLY
tackled if raised by any of the parties and only for the purpose of
xxxx WITH THE JURISDICTIONAL ELEMENT REQUIRED BY
reaching a conclusion on the issue of possession. Thus,
LAW (SEC. 3, RULE 8, REVISED RULE OF COURT).
in Esmaquel vs. Coprada, the Supreme Court had the occasion to
In short, a Torrens Certificate is evidence of the indefeasibility of
once again hold that:
the title to the property and the person whose name appears therein
B
is entitled to the possession of the property unless and until his title
'The sole issue for resolution in an unlawful detainer case is is nullified. The reason being that the Torrens System was adopted
physical or material possession of the property involved, THE DECISION GRAVELY ERRED IN NOT HAVING RULED
as it is the most effective measure that will guarantee the integrity
independent of any claim of ownership by any of the of land titles and protect their indefeasibility once the claim of THAT RESPONDENT'S CAUSE OF ACTION IN HER
parties. Where the issue of ownership is raised by any of the EJECTMENT COMPLAINT (ANNEX H) IS INDISPENSABLY
ownership is established and recognized. Hence, the ageold rule
parties, the courts may pass upon the same in order to determine that 'the person who has a Torrens Title over a land is entitled to INTERTWINED WITH THE ISSUE OF OWNERSHIP RAISED
who has the right to possess the property. The adjudication is, BY PETITIONERS' DEFENSE, THUS RENDERING SAID
possession thereof.'
however, merely provisional and would not bar or prejudice an COMPLAINT NOT AN UNLAWFUL DETAINER CASE OVER
action between the same parties involving title to the WHICH THE MeTC HAS JURISDICTION, AS DECIDED IN
Unless there is already a judgment declaring petitioner's certificate
property. Since the issue of ownership was raised in the unlawful THE ORDER DATED DECEMBER 9, 2009 (ANNEX X).
of title as null and void, the presumption of its validity must
detainer case, its resolution boils down to which of the parties'
prevail, x x x
respective evidence deserves more weight.' C
xxxx
In the case at bar, both petitioner and respondents are claiming THE DECISION IS SERIOUSLY MISTAKEN IN NOT HAVING
ownership over the subject lot. On the part of petitioner, she UPHELD THE AWARD OF DAMAGES BY JUDGE MYRNA
All said, petitioner's right to possession over the subject lot must
maintains that she has a right to possession because she is the Y. LMVERANO IN FAVOR OF DEFENDANTS AND
be respected in view of the certificate of title thereto issued in her
registered owner thereof, as evidenced by TCT No. 12575R which AGAINST RESPONDENT WHO OBVIOUSLY OBAINED HER
name.
was issued in her name in 2006. On the other hand, respondents TITLE (ANNEX F) USING AN UNDISPUTABLY
maintain that they cannot be ejected from the subject lot because FRAUDULENT DEED OF ABSOLUTE SALE (ANNEX G).
WHEREFORE, the petition is GRANTED. The assailed Orders of
they are the compulsory heirs of their deceased parents under
the Regional Trial Court, Pasig City, Branch 160 are REVERSED
whose names the subject lot was registered, as shown in TCT No.
and SET ASIDE. Its Decision dated April 29, 2009 affirming D
845R.
the Decision dated September 17, 2007 of the Metropolitan Trial
Court, San Juan City, Branch 58 is REINSTATED. THE DECISION INCORRECTLY RULED THAT
As between the two parties, this Court rules in favor of petitioner
PETITIONERS IN RAISING OWNERSHIP AS THEIR
for she holds a more recentlyissued certificate of title, i.e., 2006,
SO ORDERED. DEFENSE (SEC. 16 IN RELATION TO SEC. 18, RULE 70,
than that of their deceased parents whose certificate of title was
REVISED RULES OF COURT) CONSTITUTE A
issued in 1953. The issuance of the certificate of title in 2006 may
COLLATERAL ATTACK ON THE TITLE OF RESPONDENT
be traced from TCT No. 845R wherein at the last page of its Hence, the instant Petition.
OBVIOUSLY AND UNDENIABLY PROCURED THRU
Memorandum of [E]ncumbrances is an entry which explicitly
FRAUD.
states that the title was transferred to the name of petitioner on
167
Petitioners' Arguments hi arriving at its pronouncement, the CA passed upon the issue or registration is a constructive notice of title binding upon the
claim of ownership, which both parties raised. While the procedure whole world. The legal principle is that if the registration of the
In their Petition and Reply26 seeking reversal of the assailed CA taken is allowed under Section 16, Rule 70 of the 1997 Rules of land is fraudulent, the person in whose name the land is registered
dispositions and reinstatement of the RTC's December 11, 2009 Civil Procedure,32 the issue of ownership may be resolved only to holds it as a mere trustee.36 (Emphasis supplied)
Order dismissing respondent's ejectment case, petitioners determine the issue of possession the CA nonetheless committed
essentially argue that since the parties to the case are siblings and serious and patent error in concluding that based solely on
Since respondent acquired no right over the subject property, the
no attempt at compromise was made by the respondent prior to the respondent's TCT 12575 issued in her name, she must be
same remained in the name of the original registered owners,
filing of Civil Case No. 9534, then it should be dismissed for considered the singular owner of the subject property and thus
Macario and Felicidad. Being heirs of the owners, petitioners and
failure to comply with Rule 16, Section 1(j) of the 1997 Rules of entitled to possession thereof pursuant to the principle that "the
respondent thus became, and remain coowners by succession
Civil Procedure27 in relation to Article 151 of the Family person who has a Torrens Title over a land is entitled to possession
of the subject property. As such, petitioners may exercise all
Code28 and Article 222 of the Civil Code; 29 that they could not be thereof."33 Such provisional determination of ownership should
attributes of ownership over the same, including possession
evicted from the subject property since they are coowners of the have been resolved in petitioners' favor.
whether de facto or dejure; respondent thus has no right to exclude
same, having inherited it from their deceased parents; that them from this right through an action for ejectment.
respondent's title was derived from a forged deed of sale, which When the deed of sale in favor of respondent was purportedly
does not make her the sole owner of the subject property; that as executed by the parties thereto and notarized on June 6, 2006, it is With the Court's determination that respondent's title is null and
coowners and since respondent's title is void, they have a right of perfectly obvious that the signatures of the vendors therein, void, the matter of direct or collateral attack is a foregone
possession over the subject property and they may not be evicted Macario and Felicidad, were forged. They could not have signed conclusion as well. "An action to declare the nullity of a void title
therefrom; that their defense that respondent obtained her title the same, because both were by then long deceased: Macario died does not prescribe and is susceptible to direct, as well as to
through a forged deed of sale does not constitute a collateral attack on February 22, 1981, while Felicidad passed away on September collateral, attack;"37 petitioners were not precluded from
on such title, but is allowed in order to prove their legal right of 14, 1997. This makes the June 6, 2006 deed of sale null and void; questioning the validity of respondent's title in the ejectment case.
possession and ownership over the subject property. being so, it is "equivalent to nothing; it produces no civil effect;
and it does not create, modify or extinguish a juridical relation." 34 It does not appear either that petitioners are claiming exclusive
Respondent's Arguments ownership or possession of the subject property. Quite the
And while it is true that respondent has in her favor a Torrens title contrary, they acknowledge all this time that the property belongs
over the subject property, she nonetheless acquired no right or title to all the Domingo siblings in coownership. In the absence of an
In her Comment seeking denial of the Petition, respondent claims
30
in her favor by virtue of the null and void June 6, 2006 deed. allegation or evidence that petitioners are claiming exclusive
that the Petition should have been dismissed since only two of the
"Verily, when the instrument presented is forged, even if ownership over the coowned property, respondent has no
respondents in CAG.R. SP No. 114363 filed the Petition before
accompanied by the owner's duplicate certificate of title, the alternative cause of action for ejectment which should prevent the
this Court; that the findings of the CA do not merit review and
registered owner does not thereby lose his title, and neither does dismissal of Civil Case No. 9534. The pronouncement in a
modification, the same being correct; and that the Petition is a
the assignee in the forged deed acquire any right or title to the previous case applies here:
mere reiteration of issues and arguments already passed upon
property."35
exhaustively below.
True it is that under Article 487 of the Civil Code, 38 a coowner
In sum, the fact that respondent has in her favor a certificate of title
Our Ruling may bring an action for ejectment against a coowner who takes
is of no moment; her title cannot be used to validate the forgery or
exclusive possession and asserts exclusive ownership of a common
cure the void sale. As has been held in the past:
property. It bears stressing, however, that in this case, evidence is
The Court grants the Petition.
totally wanting to establish John's or Juliet's exclusive ownership
Insofar as a person who fraudulently obtained a property is of the property in question. Neither did Juliet obtain possession
The procedural issue of lack of attempts at compromise should be concerned, the registration of the property in said person's thereof by virtue of a contract, express or implied, or thru
resolved in respondent's favor. True, no suit between members of name would not be sufficient to vest in him or her the title to intimidation, threat, strategy or stealth. As borne by the record,
the same family shall prosper unless it should appear from the the property. A certificate of title merely confirms or records Juliet was in possession of the subject structure and the sarisari
verified complaint or petition that earnest efforts toward a store thereat by virtue of her being a coowner thereof. As such,
title already existing and vested. The indefeasibility of the
compromise have been made. However, the failure of a party to she is as much entitled to enjoy its possession and ownership as
Torrens title should not be used as a means to perpetrate fraud
comply with this condition precedent is not a jurisdictional defect. John.39cralawlawlibrary
against the rightful owner of real property. Good faith must
If the opposing party fails to raise such defect in a motion to
concur with registration because, otherwise, registration would be
dismiss, such defect is deemed waived.
an exercise in futility. A Torrens title does not furnish a shield Indeed, it is respondent who is claiming exclusive ownership of the
for fraud, notwithstanding the longstanding rule that subject property owned in common.
168
Thus, left with no cause of action for ejectment against petitioners,
respondent's ejectment case must be dismissed.
There is likewise no merit to respondent's argument that since only
two of the defendants in the ejectment case filed the instant
Petition, the same must necessarily be dismissed. There is no rule
which requires that all the parties in the proceedings before the CA
must jointly take recourse with this Court or else such recourse
would be dismissible. The fact that Ramon and Rafael did not join
in the instant Petition does not bar petitioners from pursuing their
case before this Court. Moreover, since petitioners, Ramon and
Rafael are siblings, coheirs, coowners, and occupants of the
subject property, they all have common interests, and their rights
and liabilities are identical and so interwoven and dependent as to
be inseparable. The reversal of the assailed CA judgment should
therefore inure to the benefit of Ramon and Rafael as well. The
December 11, 2009 Order of the RTC — decreeing dismissal as
against petitioners, Ramon, and Rafael, as well as the payment of
attorney's fees to all of them may be reinstated in all respects.
xxx This Court has always recognized the general rule that in
appellate proceedings, the reversal of the judgment on appeal is
binding only on the parties in the appealed case and does not affect
or inure to the benefit of those who did not join or were not made
parties to the appeal. An exception to the rule exists, however,
where a judgment cannot be reversed as to the party appealing
without affecting the rights of his codebtor, or where the rights
and liabilities of the parties are so interwoven and dependent on
each other as to be inseparable, in which case a reversal as to one
operates as a reversal as to all. This exception, which is based on a
communality of interest of said parties, is recognized in this
jurisdiction. x x x40cralawlawlibrary
SO ORDERED.
Carpio, (Chairperson), Brion, Mendoza, and Leonen, JJ., concur.
169
Republic of the Philippines her children), 8 which Jose accepted. Notably, the agreement was Rene, Luis, and Philippe, and niece Claudine are not considered
SUPREME COURT made verbally and was not immediately reduced into writing, but members of the same family as him and Consuelo: and (c)
Manila the parties had the intention to eventually memorialize the same assuming Article 151 of the Family Code applies, he has complied
via a written document. Over the next few years, Jose made partial with the earnest efforts requirement as he tried convincing
SECOND DIVISION
payments to respondents by paying off the shares of Rene; Luis, Consuelo to change her mind through email correspondences, and
Philippe, and Claudine, leaving a remaining balance of even underwent barangay conciliation proceedings with Rene.20
G.R. No. 217744 JULY 30, 2018 US$120,000.00 payable to Consuelo.9
In an Order21 dated October 11, 2012, the RTC denied Jose's
JOSE Z. MORENO, Petitioner However, in July 2010, Consuelo decided to "cancel" their motion, ruling, inter alia, that Article 151 of the Family Code
vs. agreement, and thereafter, informed Jose of her intent to convert applies, despite the fact' that Consuelo had other co
RENE M. KAHN, CONSUELO MORENO KAHNHAIRE, the earlier partial payment as rental payments instead. In response, defendants (i.e., her children) in the suit, as the dispute, which led
RENE LUIS PIERRE KAHN, PHILIPPE KAHN, MA. Jose expressed his disapproval to Consuelo's plan and demanded to the filing of the case, was mainly due to the disagreement
CLAUDINE KAHN MCMAHON, and THE REGISTER OF that respondents proceed with the sale, which the latter between fullblooded siblings, Jose and Consuelo.22
ignored. 10 He then claimed that on July 26, 2011, without his
DEEDS OF MUNTINLUPA CITY, Respondents
consent, Consuelo, Luis, Philippe, and Claudine sold 11 their shares Aggrieved, Jose filed a petition for certiorari23 before the CA.
over the subject lands to Rene, thereby consolidating full
D E C I S I O N ownership of the subject lands to him. Consequently, TCT Nos.
The CA Ruling
181516 and 181517,were cancelled and new TCTs, i.e., TCT Nos.
PERLASBERNABE, J.: 148026 and 148027,12 were issued in Rene's name. Upon learning
of such sale, Jose sent a demand letter 13 to Rene, and later on to In a decision24 dated September 24, 2014, the CA affirmed the
Consuelo, Luis, Philippe, and Claudine, 14 asserting his right to the RTC ruling. It, held that the motu proprio dismissal of Jose's
Assailed in this petition for review on certiorari1are the
subject lands under the previous sale agreed upon. As his demands complaint was proper in light of Article 151 of the Family Code
Decision2 dated September 24, 2014 and the Resolution 3 dated
went unheeded, Jose brought the matter to the barangay upon for which mandates such dismissal if it appears∙ from the
March 17, 2015 of the Court of Appeals (CA) in CAG.R. SP No.
conciliation proceedings between him and Rene only, since complaint/petition that no earnest efforts were made between
129232, which affirmed the Orders dated January 18, 2012 4 and
Consuelo. Luis, Philippe, and Claudine are all living abroad. As no partylitigants who are members of the same family. 25 The CA
October 11, 20125 of the Regional Trial Court of Muntinlupa City,
settlement was agreed upon,15 Jose was constrained to file the likewise agreed with the RTC's finding that Jose's main cause of
Branch 205 (RTC) in Civil Case No. 12004 dismissing motu
subject complaint16 for specific performance and cancellation of action was against his fullblooded sister, Consuelo, and as such,
proprio the complaint filed by petitioner Jose Z. Moreno (Jose) for
titles with damages and application for temporary restraining order the fact that his nephews and nieces were impleaded as co
noncompliance with Article 151 of the Family Code.
and writ of preliminary injunction, docketed as Civil Case No. 12 defendants does not take their situation beyond the ambit of Article
004. 17 151.26 Finally, the CA opined that the barangay conciliation
The Facts proceedings cannot be deemed as substantial compliance with the
earnest efforts requirement of the law as the participants therein
The RTC Proceedings
Jose alleged that since May 1998 and in their capacity as lessees, were only Jose and Rene, and without the other defendants.27
he and his family have been occupying two (2) parcels of land
In an Order18 dated January 18, 2012, the
covered by Transfer Certificate of Title (TCT) Nos. 181516 and Undaunted, Jose moved for reconsideration, 28 which was,
RTC motuproprio ordered the dismissal of Jose's complaint for
1815176 (subject lands) coowned by his fullblooded sister, however, denied in a Resolution29 dated March I 7, 2015; hence,
failure to allege compliance with the provision of Article 151 of
respondent Consuelo Moreno KahnHaire (Consuelo) and his this petition.
the Family Code which requires earnest efforts to be made first
nephews and nieces (Consuelo's children), respondents Rene M.
before suits may be filed between family members.
Kahn (Rene), Rene Luis Pierre Kahn (Luis), Philippe Kahn
The Issues Before the Court
(Philippe), and Ma. Claudine KahnMcMahon (Claudine;
collectively, respondents).7 Jose moved for reconsideration, arguing that: (a) the RTC
19
cannot motu proprio order the dismissal of a case on the ground of The issues for the Court's resolution are whether or not: (a) the CA
failure to comply with a condition precedent, i.e., noncompliance correctly affirmed the RTC's motu proprio dismissal of Jose's
Around April or May 2003, through numerous electronic mails
with Article 151 of the Family Code; (b) Article 151 does not complaint; and (b) Article 151 of the Family Code is applicable to
(emails) and letters, respondents offered to sell to Jose the subject
apply to the instant case, contending that while Consuelo is indeed this case.
lands for the amount of US$200,000.00 (US$ 120,000.00 to be
received by Consuelo and US$20,000.00 each to be received by his fullblooded sister, her codefendants, namely his nephews
170
The Court's Ruling x x x x subject of a compromise and as such the absence of the required
allegation in the complaint cannot be a ground for objection
The petition is meritorious. The appellate court correlated this provision with Section 1, par. against the suit, the decision went on to state thus:
(j), Rule 16 of the 1997 Rules of Civil Procedure, which provides:
Article 151 of the Family Code reads: x x x x
Section 1. Grounds. Within the time for but before filing the
Article 151. No suit between members of the same family shall answer to the complaint or pleading asserting a claim, a motion to Thus was it made clear that a failure to allege earnest hut
prosper unless it should appear from the verified complaint or dismiss may be made on any of the following grounds: failed efforts at a compromise in a complaint among members
petition that earnest efforts toward a compromise have been made, of the same family, is not a jurisdictional defect but merely a
but that the same have failed. If it is shown that no such efforts x x x x defect in the statement of a cause of action. Versoza was cited in
were in fact made, the case must be dismissed. a later case as an instance analogous to one where the conciliation
(j) That a condition precedent for filing the claim has not been process at the hamnguy level was not priorly resorted to. Both were
This rule shall not apply to cases which may not be the subject of complied with. described as a "condition precedent for the filing of a complaint
compromise under the Civil Code in Court." In such instances, the consequence is precisely what is
The appellate court's reliance on this provision is misplaced. Rule stated in the present Rule. Thus:
Palpably, the wisdom behind the provision is to maintain sacred 16 treats of the grounds for a motion to dismiss the complaint. It
the ties among members of the same family. "As pointed out by the must be distinguished from the grounds provided under Section 1, The defect may however he waived by failing to make
Code Commission, it is difficult to imagine a sadder and more Rule 9 which specifically deals with dismissal of the claim by the seasonable objection, in a motion to dismiss or answer, the
tragic spectacle than a litigation between members of the same court motu proprio. Section 1, Rule 9 of the 1997 Rules of Civil defect being a mere procedural imperfection which docs not
family. It is necessary that every effort should be made toward a Procedure provides: affect the jurisdiction of the court.
compromise before a litigation is allowed to breed hate and passion
in the family and it is known that a lawsuit between close relatives Section 1. Defenses and objections not pleaded. Defenses and In the case at hand, the proceedings before the trial court ran the
generates deeper bitterness than between strangers." 30 Thus, a objections not pleaded either in a motion to dismiss or in the full course. The complaint of petitioners was answered by
party's failure to comply with this provision before filing a answer arc deemed waived. However, when it appears from the respondents without a prior motion to dismiss having been filed.
complaint against a family member would render such complaint pleadings or the evidence on record that the court has no The decision in favor of the petitioners was appealed by
premature;31 hence, dismissible. jurisdiction over the subject matter, that there is another action respondents on the basis or the alleged error in the ruling on the
pending between the same parties for the same cause, or that the merits, no mention having been made about any defect in the
This notwithstanding, the Court held in Heirs of Favis, Sr. v. action is barred by a prior judgment or by statute of limitations, the statement or a cause or action. In other words, no motion to
Gonzales32 that noncompliance with the earnest effort requirement Court shall dismiss the claim.
dismiss the complaint based on the failure to comply with a
under Article 151 of the Family Code is not a jurisdictional defect
condition precedent was filed in the trial court; neither was
which would authorize the courts to dismiss suits filed before Section 1, Rule 9 provides for only four instances when the court such failure assigned as error in the appeal that respondent
them motu proprio. Rather, it merely partakes of a condition may motu proprio dismiss the claim, namely: (a) lack of
brought before the Court of Appeals.
precedent such that the noncompliance therewith constitutes a jurisdiction over the subject matter; (b) litis
ground for dismissal of a suit should the same be invoked by the pendentia; (c) resjudicata; and (d) prescription of action. x x x.
opposing party at the earliest opportunity, as in a motion to dismiss Therefore, the rule on deemed waiver of the nonjurisdictional
or in the answer. Otherwise, such ground is deemed waived, viz.: defense or objection is wholly applicable to respondent. If the
x x x x
respondents as partiesdefendants could not, and did not, after
The base issue is whether or not the appellate court may dismiss filing their answertopetitioner’s complainant, invoke the
Why the objection or failure to allege a failed attempt at a
the order of dismissal of the complaint for failure to allege therein objection of absence of the required allegation on earnest
compromise in a suit among members of the same family is
that earnest efforts towards a compromise have been made. efforts at a compromise, the appellate court unquestionably
waivable was earlier explained in the case of Versoza v. Versoza
did not have any authority or basis to motu propio order the
([Versoza] 135 Phil. 84, 94 [1986]), a case for future support
The appellate court committed egregious error in dismissing which was dismissed by the trial court upon the ground that there dismissal of petitioner’s complaint .33 (Emphases and
the complaint. The appellate courts' decision hinged on Article was no such allegation of infringement of Article 222 of the Civil underscoring supplied)
151 of the Family Code x x x. Code. the origin of Article 151 of the Family Code. While the
Court ruled that a complaint for future support cannot be the
171
In this case, a plain reading of the records shows that the RTC In this light, case law states that Article 151 of the Family Code
ordered the dismissal of Jose's complaint against respondents for must be construed strictly, it being an exception to the general
his alleged failure to comply with Article 151 of the Family Code rule.1âwphi1 Hence, any person having a collateral familial
even before respondents have filed a motion or a responsive relation with the plaintiff other than what is enumerated in Article
pleading invoking such noncompliance. As such ground is not a 150 of the Family Code is considered a stranger who, if included in
jurisdictional defect but is a mere condition precedent, the courts a a suit between and among family members, would render
quo clearly erred in finding that a motu proprio dismissal was unnecessary the earnest efforts requirement under Article
warranted under the given circumstances. 151.37 Expressio unius est exclusio alterius. The express mention
of one person, thing, act, or consequence excludes all others. 38
Even assuming arguendo that respondents invoked the foregoing
ground at the earliest opportunity, the Court nevertheless finds In this instance, it is undisputed that: (a) Jose and Consuelo are
Article 151 of the Family Code inapplicable to this case. For fullblooded siblings; and (b) Consuelo is the mother of Rene,
Article 151 of the Family Code to apply, the suit must be Luis, Philippe, and Claudine, which make them nephews and niece
exclusively between or among "members of the same family." of their uncle, Jose. It then fi1llows that Rene, Luis, Philippe, and
Once a stranger becomes a party to such suit, the earnest effort Claudine are considered ''strangers'' to Jose insofar as Article 15l of
requirement is no longer a condition precedent before the action the Family Code is concerned. In this relation, it is apt to clarify
can prosper. 34 In Hiyas Savings and Loan Bank, Inc. v. that while it was the disagreement between Jose and Consuelo that
Acuna, 35 the Court explained the rationale behind this rule, to wit: directly resulted in the filing of the suit the fact remains that Rene"
Luis, Philippe, and Claudine were rightfully imp leaded as co
[T]hese considerations do not, however, weigh enough to make it defendants in Jose's complaint as they are coowners of the subject
imperative that such efforts to compromise should be a lands in dispute. In view of the inclusion of "strangers" to the suit
jurisdictional prerequisite for the maintenance of an action between Jose and Consuelo who are fullblooded siblings, the
whenever a stranger to the family is a party thereto. whether as a Court concludes that the suit is beyond the ambit of Article 151 of
necessary or indispensable one. It is not always that one who is the Family Code. Perforce, the courts a quo gravely erred in
alien to the family would be willing to suffer the inconvenience of, dismissing Jose's complaint due to noncompliance with the earnest
much less relish, the delay and the complications that wranglings effort requirement therein.
between or among relatives more often than not entail. Besides, it
is neither practical nor fair that the determination of the rights of a WHEREFORE, the petition is GRANTED. The Decision dated
stranger to the family who just happened to have innocently September 24, 2014 and the Resolution dated March 17, 2015 of
acquired some kind of interest in any right or property disputed the Court of Appeals in CA.G.R. SP No. 129232 are
among its members should be made to depend on the way the latter hereby REVERSED and SET ASIDE. Accordingly, Civil Case
would settle their differences among themselves. 36 No. 12004 is REINSTATED and REMANDED to the Regional
Trial Court of Muntinlupa City, Branch 205 for further
In this relation, Article 150 of the Family Code reads: proceedings.
Art. l 50. Family relations include those: SO ORDERED.
(1) Between husband and wife; PERLASBERNABE
Associate Justice
(2) Between parents and children;
(3) Among other ascendants and descendants: and
(4) Among brothers and sisters. whether of the full or
halfblood.
172
173
Republic of the Philippines evidence purporting to show that earnest efforts toward a enrichment. They arise contrary to intention against one who, by
SUPREME COURT compromise had been made, that is, respondent O Lay Kia fraud, duress or abuse of confidence, obtains or holds the legal
Manila importuned Emilia O'Laco and pressed her for the transfer of the right to property which he ought not, in equity and good
title of the Oroquieta property in the name of spouses O Lay Kia conscience, to hold.
FIRST DIVISION and Valentin Co Cho Chit, just before Emilia's marriage to Hugo
Luna. But, instead of transferring the title as requested, Emilia sold 5. ID.; ID.; ID.; EXPRESS TRUSTS CONCERNING
the property to the Roman Catholic Archbishop of Manila. This IMMOVABLES NOT PROVED BY PAROL EVIDENCE;
G.R. No. 58010. March 31, 1993. testimony was not objected to by petitionerspouses. Hence, the IMPLIED TRUST IN REAL PROPERTY ESTABLISHED BY
complaint was deemed accordingly amended to conform to the PAROL EVIDENCE; PROOF REQUIRED; CASE AT BAR. —
EMILIA O'LACO and HUCO LUNA, petitioners, vs. evidence, pursuant to Sec. 5, Rule 10 of the Rules of Court which Unlike express trusts concerning immovables or any interest
VALENTIN CO CHO CHIT, O LAY KIA and COURT OF reads — "Sec. 5. Amendment to conform to or authorize therein which cannot be proved by parol evidence, implied trusts
APPEALS, respondents. presentation of evidence. — When issues not raised by the may be established by oral evidence. However, in order to
pleadings are tried by express or implied consent of the parties, establish an implied trust in real property by parol evidence, the
they shall be treated in all respects, as if they had been raised in the proof should be as fully convincing as if the acts giving rise to the
Sergio L. Guadiz for petitioners.
pleadings . . ." Indeed, if the defendant permits evidence to be trust obligation were proven by an authentic document. It cannot
introduced without objection and which supplies the necessary be established upon vague and inconclusive proof. After a
Norberto J . Quisumbing & Associates for private respondents. allegations of a defective complaint, then the evidence is deemed thorough review of the evidence on record, We hold that a
to have the effect of curing the defects of the complaint. The resulting trust was indeed intended by the parties under Art. 1448
SYLLABUS insufficiency of the allegations in the complaint is deemed ipso of the New Civil Code which states — "Art. 1448. There is an
facto rectified. implied trust when property is sold, and the legal estate is granted
1. REMEDIAL LAW; CIVIL PROCEDURE; ACTIONS; to one party but the price is paid by another for the purpose of
CONDITION PRECEDENT TO FILING OF SUIT BETWEEN 3. CIVIL LAW; OBLIGATIONS AND CONTRACTS; TRUSTS; having the beneficial interest of the property. The former is the
MEMBERS OF THE SAME FAMILY; EFFECT OF FAILURE EXPRESS TRUST; DEFINED; IMPLIED TRUST; DEFINED. — trustee, while the latter is the beneficiary . . ." As stipulated by the
TO COMPLY WITH CONDITION. — Admittedly, the present By definition, trust relations between parties may either be express parties, the document of sale, the owner's duplicate copy of the
action is between members of the same family since petitioner or implied. Express trusts are those which are created by the direct certificate of title, insurance policies, receipt of initial premium of
Emilia O'Laco and respondent O Lay Kia are halfsisters. and positive acts of the parties, by some writing or deed, or will, or insurance coverage and real estate tax receipts were all in the
Consequently, there should be an averment in the compliant that by words evincing an intention to create a trust. Implied trusts are possession of respondentspouses which they offered in evidence.
earnest efforts toward a compromise have been made, pursuant to those which, without being express, are deducible from the nature As emphatically asserted by respondent O Lay Kia, the reason why
Art. 222 of the New Civil Code, or a motion to dismiss could have of the transaction as matters of intent, or which are superinduced these documents of ownership remained with her is that the land in
been filed under Sec. 1, par. (j), Rule 16 of the Rules of Court. For, on the transaction by operation of law as matters of equity, question belonged to her. Indeed, there can be no persuasive
it is wellsettled that the attempt to compromise as well as the independently of the particular intention of the parties. rationalization for the possession of these documents of ownership
inability to succeed is a condition precedent to the filing of a suit by respondentspouses for seventeen (17) years after the Oroquieta
between members of the same family. Hence, the defect in the 4. ID.; ID.; ID.; IMPLIED TRUSTS; RESULTING TRUST; property was purchased in 1943 than that of precluding its possible
complaint is assailable at any stage of the proceedings, even on BASIS THEREOF; CONSTRUCTIVE TRUST; BASIS sale, alienation or conveyance by Emilia O'Laco, absent any
appeal, for lack of cause of action. THEREOF. — Implied trust may either be resulting or machination or fraud. This continued possession of the documents,
constructive trusts, both coming into being by operation of law. together with other corroborating evidence spread on record,
2. ID.; ID.; AMENDMENT TO COMPLAINT; WHEN PROPER; Resulting trusts are based on the equitable doctrine that valuable strongly suggests that Emilia O'Laco merely held the Oroquieta
AMENDMENT TO CONFORM TO EVIDENCE. — Plaintiff consideration and not legal title determines the equitable title or property in trust for respondentspouses.
may be allowed to amend his complaint to correct the defect if the interest and are presumed always to have been contemplated by the
amendment does not actually confer jurisdiction on the court in parties. They arise from the nature or circumstances of the 6. ID.; ID.; ID.; CONSTRUCTIVE TRUST SUBJECT TO
which the action is filed, i.e., if the cause of action was originally consideration involved in a transaction whereby one person PRESCRIPTION; RESULTING TRUST IMPRESCRIPTIBLE;
within that court's jurisdiction. In such case, the amendment is only thereby becomes invested with legal title but is obligated in equity RESULTING TRUST CONVERTED TO CONSTRUCTIVE
to cure the perceived defect in the complaint, thus may be allowed. to hold his legal title for the benefit of another. On the other hand, TRUST BY REPUDIATION; REQUISITES; PRESCRIPTIVE
In the case before Us, while respondentspouses did not formally constructive trusts are created by the construction of equity in PERIOD FOR ACTION FOR RECONVEYANCE BASED ON
amend their complaint, they were nonetheless allowed to introduce order to satisfy the demands of justice and prevent unjust CONSTRUCTIVE TRUST. — As differentiated from constructive
174
trusts, where the settled rule is that prescription may supervene, in It appears that on 31 May 1943, the Philippine Sugar Estate hereby entered ordering the defendantsappellees to pay plaintiffs
resulting trust, the rule of imprescriptibility may apply for as long Development Company, Ltd., sold a parcel of land, Lot No. 5, appellants jointly and severally the sum of P230,000.00
as the trustee has not repudiated the trust. Once the resulting trust Block No. 10, Plan Psu10038, situated at Oroquieta St., Sta. Cruz, representing the value of the property subject of the sale with
is repudiated, however, it is converted into a constructive trust and Manila, with the Deed of Absolute Sale naming Emilia O'Laco as assumption of mortgage to the Roman Catholic Archbishop of
is subject to prescription. A resulting trust is repudiated if the vendee; thereafter, Transfer Certificate of Title No. 66456 was Manila with legal interest from the filing of the complaint until
following requisites concur: (a) the trustee has performed issued in her name. fully paid, the sum of P10,000.00 as attorney's fees, plus costs."
unequivocal acts of repudiation amounting to an ouster of the
cestui qui trust; (b) such positive acts of repudiation have been On 17 May 1960, private respondentspouses Valentin Co Cho On 7 August 1981, the Court of Appeals denied reconsideration of
made known to the cestui qui trust; and, (c) the evidence thereon is Chit and O Lay Wa learned from the newspapers that Emilia its decision, prompting petitioners to come to this Court for relief.
clear and convincing. In Tale v. Court of Appeals the Court O'Laco sold the same property to the Roman Catholic Archbishop
categorically ruled that an action for reconveyance based on an of Manila for P230,000.00, with assumption of the real estate Petitioners contend that the present action should have been
implied or constructive trust must perforce prescribe in ten (10) mortgage constituted thereon. 4 dismissed. They argue that the complaint fails to allege that earnest
years, and not otherwise, thereby modifying previous decisions
efforts toward a compromise were exerted considering that the suit
holding that the prescriptive period was four (4) years. So long as
On 22 June 1960, respondentspouses Valentin Co Cho Chit and O is between members of the same family, and no trust relation exists
the trustee recognizes the trust, the beneficiary may rely upon the
Lay Kia sued petitionerspouses Emilia O'Laco and Hugo Luna to between them. Even assuming ex argumenti that there is such a
recognition, and ordinarily will not be in fault for omitting to bring
recover the purchase price of the land before the then Court of First relation, petitioners further argue, respondents are already barred
an action to enforce his rights. There is no running of the
Instance of Rizal, respondentspouses asserting that petitioner by laches.
prescriptive period if the trustee expressly recognizes the resulting
Emilia O'Laco knew that they were the real vendees of the
trust. Since the complaint for breach of trust was filed by
Oroquieta property sold in 1943 by Philippine Sugar Estate We are not persuaded. Admittedly, the present action is between
respondentspouses two (2) months after acquiring knowledge of
Development Company, Ltd., and that the legal title thereto was members of the same family since petitioner Emilia O'Laco and
the sale, the action therefore has not yet prescribed.
merely placed in her name. They contend that Emilia O'Laco respondent O Lay Kia are halfsisters. Consequently, there should
breached the trust when she sold the land to the Roman Catholic be an averment in the complaint that earnest efforts toward a
D E C I S I O N Archbishop of Manila. Meanwhile, they asked the trial court to compromise have been made, pursuant to Art. 222 of the New
garnish all the amounts still due and payable to petitionerspouses Civil Code, 6 or a motion to dismiss could have been filed under
BELLOSILLO, J p: arising from the sale, which was granted on 30 June 1960. 5 Sec. 1, par. (j), Rule 16, of the Rules of Court. 7 For, it is well
settled that the attempt to compromise as well as the inability to
History is replete with cases of erstwhile close family relations put Petitionerspouses deny the existence of any form of trust relation. succeed is a condition precedent to the filing of a suit between
asunder by property disputes. This is one of them. It involves half They aver that Emilia O'Laco actually bought the property with her members of the same family. 8 Hence, the defect in the complaint
sisters each claiming ownership over a parcel of land. While own money; that she left the Deed of Absolute Sale and the is assailable at any stage of the proceedings, even on appeal, for
petitioner Emilia O'Laco asserts that she merely left the certificate corresponding title with respondentspouses merely for lack of cause of action. 9
of title covering the property with private respondent O Lay Kia safekeeping; that when she asked for the return of the documents
for safekeeping, the latter who is the former's older sister insists evidencing her ownership, respondentspouses told her that these But, plaintiff may be allowed to amend his complaint to correct the
that the title was in her possession because she and her husband were misplaced or lost; and, that in view of the loss, she filed a defect if the amendment does not actually confer jurisdiction on
bought the property from their conjugal funds. To be resolved petition for issuance of a new title, and on 18 August 1944 the then the court in which the action is filed, i.e., if the cause of action was
therefore is the issue of whether a resulting trust was intended by Court of First Instance of Manila granted her petition. originally within that court's jurisdiction. 10 In such case, the
them in the acquisition of the property. The trial court declared that amendment is only to cure the perceived defect in the complaint,
there was no trust relation of any sort between the sisters. 1 The On 20 September 1976, finding no trust relation between the thus may be allowed.
Court of Appeals ruled otherwise. 2 Hence, the instant petition for parties, the trial court dismissed the complaint together with the
review on certiorari of the decision of the appellate court together counterclaim. Petitioners and respondents appealed. In the case before Us, while respondentspouses did not formally
with its resolution denying reconsideration. 3
amend their complaint, they were nonetheless allowed to introduce
On 9 April 1981, the Court of Appeals set aside the decision of the evidence purporting to show that earnest efforts toward a
trial court thus — compromise had been made, that is, respondent O Lay Kia
importuned Emilia O'Laco and pressed her for the transfer of the
". . . We set aside the decision of the lower court dated September title of the Oroquieta property in the name of spouses O Lay Kia
20, 1976 and the order of January 5, 1977 and another one is and Valentin Co Cho Chit, just before Emilia's marriage to Hugo
Luna. 11 But, instead of transferring the title as requested, Emilia
175
sold the property to the Roman Catholic Archbishop of Manila. Specific examples of resulting trusts may be found in the Civil older brother of Emilia, under similar or identical circumstances.
This testimony was not objected to by petitionerspouses. Hence, Code, particularly Arts. 1448, 1449, 1451,1452 and 1453, 23 while The testimony of former counsel for respondentspouses, then
the complaint was deemed accordingly amended to conform to the constructive trusts are illustrated in Arts. 1450, 1454, 1455 and Associate Justice Antonio G. Lucero of the Court of Appeals, is
evidence, 12 pursuant to Sec. 5, Rule 10 of the Rules of Court 1456. 24 enlightening —
which reads —
Unlike express trusts concerning immovables or any interest "Q In the same conversation he told you how he would buy the
"SECTION 5. Amendment to conform to or authorize presentation therein which cannot be proved by parol evidence, 25 implied property (referring to the Oroquieta property), he and his wife?
of evidence. — When issues not raised by the pleadings are tried trusts may be established by oral evidence. 26 However, in order to
by express or implied consent of the parties, they shall be treated in establish an implied trust in real property by parol evidence, the "A Yes, Sir, he did.
all respects, as, if they had been raised in the pleadings . . ." proof should be as fully convincing as if the acts giving rise to the
(emphasis supplied). trust obligation were proven by an authentic document. 27 It
"Q What did he say?
cannot be established upon vague and inconclusive proof. 28
Indeed, if the defendant permits evidence to be introduced without
xxx xxx xxx
objection and which supplies the necessary allegations of a After a thorough review of the evidence on record, We hold that a
defective complaint, then the evidence is deemed to have the effect resulting trust was indeed intended by the parties under Art. 1448
of curing the defects of the complaint. 13 The insufficiency of the of the New Civil Code which states — "A He said he and his wife has (sic) already acquired by purchase a
allegations in the complaint is deemed ipso facto rectified. 14 certain property located at KusangLoob, Sta. Cruz, Manila. He
told me he would like to place the Oroquieta Maternity Hospital in
"ARTICLE 1448. There is an implied trust when property is sold,
case the negotiation materialize(s) in the name of a sister of his
But the more crucial issue before Us is whether there is a trust and the legal estate is granted to one party but the price is paid by
wife (O'Laco)" (emphasis supplied). 30
relation between the parties in contemplation of law. another for the purpose of having the beneficial interest of the
property. The former is the trustee, while the latter is the
beneficiary . . ." (emphasis supplied). On the part of respondentspouses, they explained that the reason
We find that there is. By definition, trust relations between parties
why they did not place these Oroquieta and KusangLoob
may either be express or implied. 15 Express trusts are those which
properties in their name was that being Chinese nationals at the
are created by the direct and positive acts of the parties, by some First. As stipulated by the parties, the document of sale, the
time of the purchase they did not want to execute the required
writing or deed, or will, or by words evincing an intention to create owner's duplicate copy of the certificate of title, insurance policies,
affidavit to the effect that they were allies of the Japanese. 31
a trust. 16 Implied trusts are those which, without being express, receipt of initial premium of insurance coverage and real estate tax
Since O Lay Kia took care of Emilia who was still young when her
are deducible from the nature of the transaction as matters of receipts ware all in the possession of respondent spouses which
mother died, 32 respondentspouses did not hesitate to place the
intent, or which are superinduced on the transaction by operation they offered in evidence. As emphatically asserted by respondent
title of the Oroquieta property in Emilia's name.
of law as matters of equity, independently of the particular O Lay Kia, the reason why these documents of ownership
intention of the parties.17 Implied trusts may either be resulting or remained with her is that the land in question belonged to her. 29
constructive trusts, both coming into being by operation of law. 18 Quite significantly, respondentspouses also instituted an action for
reconveyance against Ambrosio O'Laco when the latter claimed
Indeed, there can be no persuasive rationalization for the
the KusangLoob property as his own. A similar stipulation of
Resulting trusts are based on the equitable doctrine that valuable possession of these documents of ownership by respondent
facts was likewise entered, i.e., respondentspouses had in their
consideration and not legal title determines the equitable title or spouses for seventeen (17) years after the Oroquieta property was
possession documents showing ownership of the KusangLoob
interest 19 and are presumed always to have been contemplated by purchased in 1943 than that of precluding its possible sale,
property which they offered in evidence. In that case, the decision
the parties. They arise from the nature or circumstances of the alienation or conveyance by Emilia O'Laco, absent any
of the trial court, now final and executory, declared respondent
consideration involved in a transaction whereby one person machination or fraud. This continued possession of the documents,
spouses as owners of the KusangLoob property and ordered
thereby becomes invested with legal title but is obligated in equity together with other corroborating evidence spread on record,
Ambrosio O'Laco to reconvey it to them. 33
to hold his legal title for the benefit of another. 20 On the other strongly suggests that Emilia O'Laco merely held the Oroquieta
hand, constructive trusts are created by the construction of equity property in trust for respondentspouses.
in order to satisfy the demands of justice 21 and prevent unjust Incidentally, Ambrosio O'Laco thus charged respondent spouses
enrichment. They arise contrary to intention against one who, by Valentin Co Cho Cit and O Lay Kia before the AntiDummy
Second. It may be worth to mention that before buying the
fraud, duress or abuse of confidence, obtains or holds the legal Board, docketed as Case No. 2424, for their acquisition of the
Oroquieta property, respondentspouses purchased another
right to property which he ought not, in equity and good KusangLoob and Oroquieta properties. 34 He claimed that
property situated in KusangLoob, Sta. Cruz, Manila, where the
conscience, to hold. 22 respondentspouses utilized his name in buying the KusangLoob
certificate of title was placed in the name of Ambrosio O'Laco,
property while that of petitioner O'Laco was used in the purchase
176
of the Oroquieta property. In effect, there was an implied property. Her narration of the transaction of sale abounds with "I But immediately after Emilia sold the Oroquieta property which is
admission by Ambrosio that his sister Emilia, like him, was merely don't know" and "I don't remember." 40 obviously a disavowal of the resulting trust, respondentspouses
used as a dummy. However, the AntiDummy Board exonerated instituted the present suit for breach of trust. Correspondingly,
respondentspouses since the purchases were made in 1943, or Having established a resulting trust between the parties, the next laches cannot lie against them.
during World War II, when the AntiDummy Law was not question is whether prescription has set in.
enforceable. After all, so long as the trustee recognizes the trust, the beneficiary
As differentiated from constructive trusts, where the settled rule is may rely upon the recognition, and ordinarily will not be in fault
Third. The circumstances by which Emilia O'Laco obtained a new that prescription may supervene, in resulting trust, the rule of for omitting to bring an action to enforce his rights. 44 There is no
title by reason of the alleged loss of the old title then in the imprescriptibility may apply for as long as the trustee has not running of the prescriptive period if the trustee expressly
possession of respondentspouses cast serious doubt on the repudiated the trust. 41 Once the resulting trust is repudiated, recognizes the resulting trust. 45 Since the complaint for breach of
veracity of her ownership. The petitions respectively filed by however, it is converted into a constructive trust and is subject to trust was filed by respondentspouses two (2) months after
Emilia O'Laco and Ambrosio O'Laco for the Oroquieta and the prescription. acquiring knowledge of the sale, the action therefore has not yet
KusangLoob properties were both granted on the same day, 18 prescribed.
August 1944, by the then Court of First Instance of Manila. These
A resulting trust is repudiated if the following requisites concur:
orders were recorded in the Primary Entry Book of the Register of WHEREFORE, the Petition for Review on Certiorari is DENIED.
(a) the trustee has performed unequivocal acts of repudiation
Deeds of Manila at the same time, 2:35 o'clock in the afternoon of The Decision of the Court of Appeals of 9 April 1981, which
amounting to an ouster of the cestui qui trust; (b) such positive acts
1 September 1944, in consecutive entries, Entries Nos. 24611718. reversed the trial court, is AFFIRMED. Costs against petitioners.
of repudiation have been made known to the cestui qui trust; and,
35 This coincidence lends credence to the position of respondent
(c) the evidence thereon is clear and convincing. 42
spouses that there was in fact a conspiracy between the siblings
SO ORDERED.
Ambrosio and Emilia to defraud and deprive respondents of their
title to the Oroquieta and KusangLoob properties. In Tale v. Court of Appeals 43 the Court categorically ruled that an
action for reconveyance based on an implied or constructive trust Cruz , GriñoAquino and Quiason, JJ ., concur.
must perforce prescribe in ten (10) years, and not otherwise,
Fourth. Until the sale of the Oroquieta property to the Roman
thereby modifying previous decisions holding that the prescriptive
Catholic Archbishop of Manila, petitioner Emilia O'Laco actually
period was four (4) years.
recognized the trust. Specifically, when respondent spouses
learned that Emilia was getting married to Hugo, O Lay Kia asked
her to have the title to the property already transferred to her and Neither the registration of the Oroquieta property in the name of
her husband Valentin, and Emilia assured her that "would be petitioner Emilia O'Laco nor the issuance of a new Torrens title in
arranged (maaayos na)" after her wedding. 36 Her answer was an 1944 in her name in lieu of the alleged loss of the original may be
express recognition of the trust, otherwise, she would have refused made the basis for the commencement of the prescriptive period.
the request outright. Petitioners never objected to this evidence; For, the issuance of the Torrens title in the name of Emilia O'Laco
nor did they attempt to controvert it. could not be considered adverse, much less fraudulent. Precisely,
although the property was bought by respondentspouses, the legal
title was placed in the name of Emilia O'Laco. The transfer of the
Fifth. The trial court itself determined that "Valentin Co Cho Chit
Torrens title in her name was only in consonance with the deed of
and O Lay Kia had some money with which they could buy the
sale in her favor. Consequently, there was no cause for any alarm
property." 37 In fact, Valentin was the Chief Mechanic of the
on the part of respondentspouses. As late as 1959, or just before
Paniqui Sugar Mills, was engaged in the buy and sell business,
she got married, Emilia continued to recognize the ownership of
operated a gasoline station, and owned an auto supply store as well
respondentspouses over the Oroquieta property. Thus, until that
as a tendoor apartment in Caloocan City. 38 In contrast, Emilia
point, respondentspouses were not aware of any act of Emilia
O'Laco failed to convince the Court that she was financially
which would convey to them the idea that she was repudiating the
capable of purchasing the Oroquieta property. In fact, she opened a
resulting trust. The second requisite is therefore absent. Hence,
bank account only in 1946 and likewise began filing income tax
prescription did not begin to run until the sale of the Oroquieta
returns that same year, 39 while the property in question was
property, which was clearly an act of repudiation.
bought in 1943. Respondentspouses even helped Emilia and her
brothers in their expenses and livelihood. Emilia could only give a
vague account on how she raised the money for the purchase of the
177
178
Republic of the Philippines On 11 December 1992, Guerrero moved to reconsider the 7 Considering that Art. 151 hereinquoted starts with the negative
SUPREME COURT December 1992 Order claiming that since brothers by affinity are word "No", the requirement is mandatory 4 that the complaint or
Manila not members of the same family, he was not required to exert petition, which must be verified, should allege that earnest efforts
efforts towards a compromise. Guerrero likewise argued that towards a compromise have been made but that the same failed, so
FIRST DIVISION Hernando was precluded from raising this issue since he did not that "[i]f it is shown that no such efforts were in fact made, the
file a motion to dismiss nor assert the same as an affirmative case must be dismissed."
defense in his answer.
G.R. No. 109068 January 10, 1994
Further, Art. 151 is contemplated by Sec. 1, par. (j), Rule 16, of the
On 22 December 1992, respondent Judge denied the motion for Rules of Court which provides as a ground for motion to dismiss
GAUDENCIO GUERRERO, petitioner, reconsideration holding that "[f]ailure to allege that earnest efforts "(t)hat the suit is between members of the same family and no
vs. towards a compromise is jurisdictional such that for failure to earnest efforts towards a compromise have been made."
REGIONAL TRIAL COURT OF ILOCOS NORTE, BR. XVI, allege same the court would be deprived of its jurisdiction to take
JUDGE LUIS B. BELLO, JR., PRESIDING, and PEDRO G. cognizance of the case." He warned that unless the complaint was The Code Commission, which drafted the precursor provision in
HERNANDO, respondents. amended within five (5) days the case would be dismissed. the Civil Code, explains the reason for the requirement that earnest
efforts at compromise be first exerted before a complaint is given
Juan Jacito for petitioner. On 29 January 1993, the 5day period having expired without due course —
Guerrero amending his complaint, respondent Judge dismissed the
Alipio V. Flores for private respondent. case, declaring the dismissal however to be without prejudice. This rule is introduced because it is difficult to imagine
a sadder and more tragic spectacle than a litigation
Guerrero appeals by way of this petition for review the dismissal between members of the same family. It is necessary
BELLOSILLO, J.:
by the court a quo. He raises these legal issues: (a) whether that every effort should be made toward a compromise
brothers by affinity are considered members of the same family before a litigation is allowed to breed hate and passion
Filed by petitioner as an accion publicana1 against private contemplated in Art. 217, par. (4), and Art. 222 of the New Civil in the family. It is known that a lawsuit between close
respondent, this case assumed another dimension when it was Code, as well as under Sec. 1, par. (j), Rule 16, of the Rules of relatives generates deeper bitterness than between
dismissed by respondent Judge on the ground that the parties being Court requiring earnest efforts towards a compromise before a suit strangers . . . A litigation in a family is to be lamented
brotherinlaw the complaint should have alleged that earnest between them may be instituted and maintained; and, (b) whether far more than a lawsuit between strangers . . . 5
efforts were first exerted towards a compromise. the absence of an allegation in the complaint that earnest efforts
towards a compromise were exerted, which efforts failed, is a But the instant case presents no occasion for the application of the
Admittedly, the complaint does not allege that the parties exerted ground for dismissal for lack of jurisdiction. abovequoted provisions. As early as two decades ago, we already
earnest towards a compromise and that the same failed. However, ruled in Gayon v. Gayon6 that the enumeration of "brothers and
private respondent Pedro G. Hernando apparently overlooked this The Constitution protects the sanctity of the family and endeavors sisters" as members of the same family does not comprehend
alleged defect since he did not file any motion to dismiss nor attack to strengthen it as a basic autonomous social institution. 2 This is "sistersinlaw". In that case, then Chief Justice Concepcion
the complaint on this ground in his answer. It was only on 7 also embodied in Art. 149,3 and given flesh in Art. 151, of the emphasized that "sistersinlaw" (hence, also "brothersinlaw") are
December 1992, at the pretrial conference, that the relationship of Family Code, which provides: not listed under Art. 217 of the New Civil Code as members of the
petitioner Gaudencio Guerrero and respondent Hernando was same family. Since Art. 150 of the Family Code repeats essentially
noted by respondent Judge Luis B. Bello, Jr., they being married to the same enumeration of "members of the family", we find no
Art. 151. No suit between members of the same family shall
halfsisters hence are brothersinlaw, and on the basis thereof reason to alter existing jurisprudence on the matter. Consequently,
prosper unless it should appear from the verified complaint
respondent Judge gave petitioner five (5) days "to file his motion the court a quo erred in ruling that petitioner Guerrero, being a
or petition that earnest efforts toward a compromise have
and amended complaint" to allege that the parties were very close brotherinlaw of private respondent Hernando, was required to
been made, but that the same had failed. If it is shown that
relatives, their respective wives being sisters, and that the exert earnest efforts towards a compromise before filing the
no such efforts were in fact made, the case must be
complaint to be maintained should allege that earnest efforts present suit.
dismissed.
towards a compromise were exerted but failed. Apparently,
respondent Judge considered this deficiency a jurisdictional defect.
This rule shall not apply to cases which may not be the In his Comment, Hernando argues that ". . . although both wives of
subject of compromise under the Civil Code. the parties were not impleaded, it remains a truism that being
179
spouses of the contending parties, and the litigation involves WHEREFORE, the petition is GRANTED and the appealed
ownership of real property, the spouses' interest and participation Orders of
in the land in question cannot be denied, making the suit still a suit 7 December 1992, 22 December 1992 and 29 January 1993 are
between halfsisters . . ."7 SET ASIDE. The Regional Trial Court of Laoag City, Branch 16,
or whichever branch of the court the case may now be assigned, is
Finding this argument preposterous, Guerrero counters in his directed to continue with Civil Case
Reply that his "wife has no actual interest and participation in the No. 1008416 with deliberate dispatch.
land subject of the . . . suit, which the petitioner bought, according
to his complaint, before he married his wife." 8 This factual SO ORDERED.
controversy however may be best left to the court a quo to resolve
when it resumes hearing the case. Cruz, Davide, Jr. and Quiason, JJ., concur.
As regards the second issue, we need only reiterate our ruling in
O'Laco v. Co Cho Chit,9 citing Mendoza v. Court of
Appeals, 10 that the attempt to compromise as well as the inability
to succeed is a condition precedent to the filing of a suit between
members of the same family, the absence of such allegation in the
complaint being assailable at any stage of the proceeding, even on
appeal, for lack of cause of action.
A review of the assailed orders does not show any directive which
Guerrero supposedly defied. The Order of 7 December 1992
merely gave Guerrero five (5) days to file his motion and amended
complaint with a reminder that the complaint failed to allege that
earnest efforts were exerted towards a compromise. The Order of
22 December 1992, which denied Guerrero's motion for
reconsideration, simply stated that "Plaintiff if it (sic) so
desire must
amend the complaint otherwise, the court will have to dismiss the
case (emphasis supplied) . . ." The Order of 29 January 1993
dismissing the case without prejudice only made reference to an
earlier order "admonishing" counsel for Guerrero to amend the
complaint, and an "admonition" is not synonymous with "order".
Moreover, since the assailed orders do not find support in our
jurisprudence but, on the other hand, are based on an erroneous
interpretation and application of the law, petitioner could not be
bound to comply with them. 12
180
181
Republic of the Philippines compromise have been made, but that the same have failed. Petitioner filed a Motion for Partial Reconsideration. 10 Private
SUPREME COURT Petitioner contends that since the complaint does not contain any respondent filed his Comment, 11 after which petitioner filed its
Manila fact or averment that earnest efforts toward a compromise had been Reply. 12 Thereafter, private respondent filed his Rejoinder. 13
made prior to its institution, then the complaint should be
FIRST DIVISION dismissed for lack of cause of action. 5 On May 7, 2002, the RTC issued the second assailed Order
denying petitioner’s Motion for Partial Reconsideration. The trial
Private respondent filed his Comment on the Motion to Dismiss court ruled:
G.R. NO. 154132 August 31, 2006
with Motion to Strike Out and to Declare Defendants in Default.
He argues that in cases where one of the parties is not a member of Reiterating the resolution of the court, dated November 8, 2001,
HIYAS SAVINGS and LOAN BANK, INC. Petitioner, the same family as contemplated under Article 150 of the Family considering that the aboveentitled case involves parties who are
vs. Code, failure to allege in the complaint that earnest efforts toward strangers to the family, failure to allege in the complaint that
HON. EDMUNDO T. ACUÑA, in his capacity as Pairing a compromise had been made by the plaintiff before filing the earnest efforts towards a compromise were made by plaintiff, is
Judge of Regional Trial Court, Branch 122, Caloocan City, complaint is not a ground for a motion to dismiss. Alberto asserts not a ground for a Motion to Dismiss.
and ALBERTO MORENO, Respondent. that since three of the partydefendants are not members of his
family the ground relied upon by Hiyas in its Motion to Dismiss is
Additionally, the court agrees with plaintiff that inasmuch as it is
D E C I S I O N inapplicable and unavailable. Alberto also prayed that defendants
defendant Remedios Moreno who stands to be benefited by Art.
be declared in default for their failure to file their answer on time. 6
151 of the Family Code, being a member of the same family as that
AUSTRIAMARTINEZ, J.: of plaintiff, only she may invoke said Art. 151. 14
Petitioner filed its Reply to the Comment with Opposition to the
Motion to Strike and to Declare Defendants in Default. 7 Private
Before the Court is a petition for certiorari under Rule 65 of the x x x
respondent, in turn, filed his Rejoinder. 8
Rules of Court seeking to nullify the Orders 1 of the Regional Trial
Court (RTC) of Caloocan City, Branch 122, dated November 8, Hence, the instant Petition for Certiorari on the following grounds:
On November 8, 2001, the RTC issued the first of its assailed
2001 2 and May 7, 2002 3 denying herein petitioner’s Motion to
Orders denying the Motion to Dismiss, thus:
Dismiss and Motion for Partial Reconsideration, respectively.
I. Public respondent committed grave abuse of discretion
amounting to lack or in excess of jurisdiction when he ruled that
The court agrees with plaintiff that earnest efforts towards a
The antecedent facts are as follows: lack of earnest efforts toward a compromise is not a ground for a
compromise is not required before the filing of the instant case
motion to dismiss in suits between husband and wife when other
considering that the aboveentitled case involves parties who are
On November 24, 2000, Alberto Moreno (private respondent) filed parties who are strangers to the family are involved in the suit.
strangers to the family. As aptly pointed out in the cases cited by
with the RTC of Caloocan City a complaint against Hiyas Savings Corollarily, public respondent committed grave abuse of discretion
plaintiff, Magbaleta v. G[o]nong, L44903, April 25, 1977 and
and Loan Bank, Inc. (petitioner), his wife Remedios, the spouses amounting to lack or in excess of jurisdiction when he applied the
Mendez v. [B]iangon, L32159, October 28, 1977, if one of the
Felipe and Maria Owe and the Register of Deeds of Caloocan City decision in the case of Magbaleta v. Gonong instead of the ruling
parties is a stranger, failure to allege in the complaint that earnest
for cancellation of mortgage contending that he did not secure any in the case of De Guzman v. Genato.
efforts towards a compromise had been made by plaintiff before
loan from petitioner, nor did he sign or execute any contract of filing the complaint, is not a ground for motion to dismiss.
mortgage in its favor; that his wife, acting in conspiracy with Hiyas II. Public respondent committed grave abuse of discretion
and the spouses Owe, who were the ones that benefited from the amounting to lack or in excess of jurisdiction when he ruled that a
Insofar as plaintiff’s prayer for declaration of default against
loan, made it appear that he signed the contract of mortgage; that party who is a stranger to the family of the litigants could not
defendants, the same is meritorious only with respect to defendants
he could not have executed the said contract because he was then invoke lack of earnest efforts toward a compromise as a ground for
Remedios Moreno and the Register of Deeds of Kaloocan City. A
working abroad. 4 the dismissal of the complaint. 15
declaration of default against defendant bank is not proper
considering that the filing of the Motion to Dismiss by said
On May 17, 2001, petitioner filed a Motion to Dismiss on the defendant operates to stop the running of the period within which At the outset, the Court notes that the instant Petition
ground that private respondent failed to comply with Article 151 of to file the required Answer. 9 for Certiorari should have been filed with the Court of Appeals
the Family Code wherein it is provided that no suit between (CA) and not with this Court pursuant to the doctrine of hierarchy
members of the same family shall prosper unless it should appear of courts. Reiterating the established policy for the strict
from the verified complaint or petition that earnest efforts toward a
182
observance of this doctrine, this Court held in Heirs of Bertuldo vs. Romulo on citizens’ right to bear arms; (b) Government of the The Code Commission that drafted Article 222 of the Civil Code
Hinog v. Melicor 16 that: United States of America vs. Purganan on bail in extradition from which Article 151 of the Family Code was taken explains:
proceedings; (c) Commission on Elections vs. QuijanoPadilla on
Although the Supreme Court, Court of Appeals and the Regional government contract involving modernization and computerization [I]t is difficult to imagine a sadder and more tragic spectacle than a
Trial Courts have concurrent jurisdiction to issue writs of voters’ registration list; (d) Buklod ng Kawaning EIIB vs. litigation between members of the same family. It is necessary that
of certiorari, prohibition, mandamus, quo warranto, habeas Zamora on status and existence of a public office; and (e) Fortich every effort should be made toward a compromise before a
corpus and injunction, such concurrence does not give the vs. Corona on the socalled "WinWin Resolution" of the Office of litigation is allowed to breed hate and passion in the family. It is
petitioner unrestricted freedom of choice of court forum. As we the President which modified the approval of the conversion to known that a lawsuit between close relatives generates deeper
stated in People v. Cuaresma: agroindustrial area. 17 bitterness than between strangers. 21
This Court's original jurisdiction to issue writs of certiorari is not In the present case, petitioner failed to advance a satisfactory In Magbaleta, the case involved brothers and a stranger to the
exclusive. It is shared by this Court with Regional Trial Courts and explanation as to its failure to comply with the principle of judicial family, the alleged owner of the subject property. The Court,
with the Court of Appeals. This concurrence of jurisdiction is not, hierarchy. There is no reason why the instant petition could not taking into consideration the explanation made by the Code
however, to be taken as according to parties seeking any of the have been brought before the CA. On this basis, the instant petition Commision in its report, ruled that:
writs an absolute, unrestrained freedom of choice of the court to should be dismissed.
which application therefor will be directed. There is after all a [T]hese considerations do not, however, weigh enough to make it
hierarchy of courts. That hierarchy is determinative of the venue of And even if this Court passes upon the substantial issues raised by imperative that such efforts to compromise should be a
appeals, and also serves as a general determinant of the appropriate petitioner, the instant petition likewise fails for lack of merit. jurisdictional prerequisite for the maintenance of an action
forum for petitions for the extraordinary writs. A becoming regard whenever a stranger to the family is a party thereto, whether as a
for that judicial hierarchy most certainly indicates that petitions for Restating its arguments in its Motion for Partial Reconsideration, necessary or indispensable one. It is not always that one who is
the issuance of extraordinary writs against first level ("inferior") petitioner argues that what is applicable to the present case is the alien to the family would be willing to suffer the inconvenience of,
courts should be filed with the Regional Trial Court, and those Court’s decision in De Guzman v. Genato 18 and not in Magbaleta much less relish, the delay and the complications that wranglings
against the latter, with the Court of Appeals. A direct invocation of v. Gonong, 19 the former being a case involving a husband and wife between or among relatives more often than not entail. Besides, it
the Supreme Court’s original jurisdiction to issue these writs while the latter is between brothers. is neither practical nor fair that the determination of the rights of a
should be allowed only when there are special and important stranger to the family who just happened to have innocently
reasons therefor, clearly and specifically set out in the petition. acquired some kind of interest in any right or property disputed
The Court is not persuaded.
This is [an] established policy. It is a policy necessary to prevent among its members should be made to depend on the way the latter
inordinate demands upon the Court’s time and attention which are would settle their differences among themselves. 22 x x x.
better devoted to those matters within its exclusive jurisdiction, Article 151 of the Family Code provides as follows:
and to prevent further overcrowding of the Court’s docket.
Hence, once a stranger becomes a party to a suit involving
No suit between members of the same family shall prosper unless members of the same family, the law no longer makes it a
The rationale for this rule is twofold: (a) it would be an imposition it should appear from the verified complaint or petition that earnest condition precedent that earnest efforts be made towards a
upon the precious time of this Court; and (b) it would cause an efforts toward a compromise have been made, but that the same compromise before the action can prosper.
inevitable and resultant delay, intended or otherwise, in the have failed. If it is shown that no such efforts were in fact made,
adjudication of cases, which in some instances had to be remanded the case must be dismissed.
In the subsequent case of De Guzman, the case involved spouses
or referred to the lower court as the proper forum under the rules of
and the alleged paramour of the wife. The Court ruled that due to
procedure, or as better equipped to resolve the issues because this This rule shall not apply to cases which may not be the subject of the efforts exerted by the husband, through the Philippine
Court is not a trier of facts. compromise under the Civil Code. Constabulary, to confront the wife, there was substantial
compliance with the law, thereby implying that even in the
Thus, this Court will not entertain direct resort to it unless the Article 222 of the Civil Code from which Article 151 of the Family presence of a party who is not a family member, the requirements
redress desired cannot be obtained in the appropriate courts, and Code was taken, essentially contains the same provisions, to wit: that earnest efforts towards a compromise have been exerted must
exceptional and compelling circumstances, such as cases of be complied with, pursuant to Article 222 of the Civil Code, now
national interest and of serious implications, justify the availment Article 151 of the Family Code.
No suit shall be filed or maintained between members of the same
of the extraordinary remedy of writ of certiorari, calling for the family unless it should appear that earnest efforts toward a
exercise of its primary jurisdiction. Exceptional and compelling compromise have been made, but that the same have failed, subject
circumstances were held present in the following cases: (a) Chavez to the limitations in Article 2035. 20
183
While De Guzman was decided after Magbaleta, the principle (4) Among brothers and sisters. 91 Oxford corner Ermin Garcia Streets in Cubao, Quezon City, as
enunciated in the Magbaleta is the one that now prevails because it evidenced by Transfer Certificate of Title (TCT) No. RT30731
is reiterated in the subsequent cases of Gonzales v. Petitioner also contends that the trial court committed grave abuse (175992) of the Quezon City Registry of Deeds, covering an area
Lopez, 23 Esquivias v. Court of Appeals, 24 Spouses Hontiveros v. of discretion when it ruled that petitioner, not being a member of of seven hundred fifty five (755) square meters, more or less.2
Regional Trial Court, Branch 25, Iloilo City, 25 and the most recent the same family as respondent, may not invoke the provisions of
case of Martinez v. Martinez. 26 Thus, Article 151 of the Family Article 151 of the Family Code. On August 10, 1987, petitioner, Marcelino Marc and private
Code applies to cover when the suit is exclusively between or respondent, extrajudicially settled the estate of Marcelino V. Dario.
among family members. Accordingly, TCT No. RT30731 (175992) was cancelled and
Suffice it to say that since the Court has ruled that the requirement
under Article 151 of the Family Code is applicable only in cases TCT No. R213963 was issued in the names of petitioner, private
The Court finds no cogent reason why the ruling in Magbaleta as which are exclusively between or among members of the same respondent and Marcelino Marc.
well as in all of the aforementioned cases should not equally apply family, it necessarily follows that the same may be invoked only
to suits involving husband and wife. by a party who is a member of that same family. Thereafter, petitioner and Marcelino Marc formally advised private
respondent of their intention to partition the subject property and
Petitioner makes much of the fact that the present case involves a WHEREFORE, the instant Petition terminate the coownership. Private respondent refused to partition
husband and his wife while Magbaleta is a case between brothers. for Certiorari is DISMISSED for lack of merit. the property hence petitioner and Marcelino Marc instituted an
However, the Court finds no specific, unique, or special action for partition before the Regional Trial Court of Quezon City
circumstance that would make the ruling in Magbaleta as well as which was docketed as Civil Case No. Q0144038 and raffled to
Republic of the Philippines
in the abovementioned cases inapplicable to suits involving a Branch 78.
SUPREME COURT
husband and his wife, as in the present case. In the first place,
Manila
Article 151 of the Family Code and Article 222 of the Civil Code On October 3, 2002,3 the trial court ordered the partition of the
are clear that the provisions therein apply to suits involving subject property in the following manner: Perla G. Patricio, 4/6;
"members of the same family" as contemplated under Article 150 FIRST DIVISION Marcelino Marc G. Dario, 1/6; and Marcelino G. Dario III, 1/6.
of the Family Code, to wit: The trial court also ordered the sale of the property by public
G.R. No. 170829 November 20, 2006 auction wherein all parties concerned may put up their bids. In case
ART. 150. Family relations include those: of failure, the subject property should be distributed accordingly in
the aforestated manner.4
PERLA G. PATRICIO, Petitioner,
(1) Between husband and wife; vs.
MARCELINO G. DARIO III and THE HONORABLE Private respondent filed a motion for reconsideration which was
COURT OF APPEALS, Second Division, Respondents. denied by the trial court on August 11, 2003,5 hence he appealed
(2) Between parents and children;
before the Court of Appeals, which denied the same on October
19, 2005. However, upon a motion for reconsideration filed by
(3) Among other ascendants and descendants; and D E C I S I O N
private respondent on December 9, 2005, the appellate court
partially reconsidered the October 19, 2005 Decision. In the now
(4) Among brothers and sisters, whether of the full or half blood. YNARESSANTIAGO, J.: assailed Resolution, the Court of Appeals dismissed the complaint
for partition filed by petitioner and Marcelino Marc for lack of
and Article 217 of the Civil Code, to wit: This petition for review on certiorari under Rule 45 of the Rules of merit. It held that the family home should continue despite the
Court seeks to annul and set aside the Resolution of the Court of death of one or both spouses as long as there is a minor beneficiary
Appeals dated December 9, 20051 in CAG.R. CV No. 80680, thereof. The heirs could not partition the property unless the court
ART. 217. Family relations shall include those: found compelling reasons to rule otherwise. The appellate court
which dismissed the complaint for partition filed by petitioner for
being contrary to law and evidence. also held that the minor son of private respondent, who is a
(1) Between husband and wife; grandson of spouses Marcelino V. Dario and Perla G. Patricio, was
a minor beneficiary of the family home.6
On July 5, 1987, Marcelino V. Dario died intestate. He was
(2) Between parent and child; survived by his wife, petitioner Perla G. Patricio and their two
sons, Marcelino Marc Dario and private respondent Marcelino G. Hence, the instant petition on the following issues:
(3) Among other ascendants and their descendants; Dario III. Among the properties he left was a parcel of land with a
residential house and a preschool building built thereon situated at
184
I. The family home is a sacred symbol of family love and is the Article 159 of the Family Code applies in situations where death
repository of cherished memories that last during one’s lifetime. 9 It occurs to persons who constituted the family home.1âwphi1 Dr.
THE HONORABLE COURT OF APPEALS is the dwelling house where husband and wife, or by an unmarried Arturo M. Tolentino comments on the effect of death of one or
PATENTLY ERRED IN REVERSING ITS EARLIER head of a family, reside, including the land on which it is both spouses or the unmarried head of a family on the continuing
DECISION OF OCTOBER 19, 2005 WHICH situated.10 It is constituted jointly by the husband and the wife or existence of the family home:
AFFIRMED IN TOTO THE DECISION OF THE by an unmarried head of a family.11 The family home is deemed
TRIAL COURT DATED 03 OCTOBER 2002 constituted from the time it is occupied as a family residence. From Upon the death of the spouses or the unmarried family head who
GRANTING THE PARTITION AND SALE BY the time of its constitution and so long as any of its beneficiaries constituted the family home, or of the spouse who consented to the
PUBLIC AUCTION OF THE SUBJECT PROPERTY. actually resides therein, the family home continues to be such and constitution of his or her separate property as family home, the
is exempt from execution, forced sale or attachment except as property will remain as family home for ten years or for as long as
hereinafter provided and to the extent of the value allowed by there is a minor beneficiary living in it. If there is no more
II.
law.12 beneficiary left at the time of death, we believe the family home
will be dissolved or cease, because there is no more reason for its
COROLLARILY, THE HONORABLE COURT OF
The law explicitly provides that occupancy of the family home existence. If there are beneficiaries who survive living in the
APPEALS PATENTLY ERRED IN APPLYING family home, it will continue for ten years, unless at the
either by the owner thereof or by "any of its beneficiaries" must be
ARTICLE 159 IN RELATION TO ARTICLE 154 OF expiration of the ten years, there is still a minor beneficiary, in
actual. That which is "actual" is something real, or actually
THE FAMILY CODE ON FAMILY HOME INSTEAD which case the family home continues until that beneficiary
existing, as opposed to something merely possible, or to something
OF ARTICLE 494 IN RELATION TO ARTICLES 495 becomes of age.
which is presumptive or constructive. Actual occupancy, however,
AND 498 OF THE NEW CIVIL CODE ON CO
need not be by the owner of the house specifically. Rather, the
OWNERSHIP.7
property may be occupied by the "beneficiaries" enumerated in After these periods lapse, the property may be partitioned by the
Article 154 of the Family Code, which may include the inlaws heirs. May the heirs who are beneficiaries of the family home keep
The sole issue is whether partition of the family home is proper where the family home is constituted jointly by the husband and it intact by not partitioning the property after the period provided
where one of the coowners refuse to accede to such partition on wife. But the law definitely excludes maids and overseers. They by this article? We believe that although the heirs will continue
the ground that a minor beneficiary still resides in the said home. are not the beneficiaries contemplated by the Code.13 in ownership by not partitioning the property, it will cease to be a
family home.14 (Emphasis supplied)
Private respondent claims that the subject property which is the Article 154 of the Family Code enumerates who are the
family home duly constituted by spouses Marcelino and Perla beneficiaries of a family home: (1) The husband and wife, or an Prof. Ernesto L. Pineda further explains the import of Art. 159 in
Dario cannot be partitioned while a minor beneficiary is still living unmarried person who is the head of a family; and (2) Their this manner:
therein namely, his 12yearold son, who is the grandson of the parents, ascendants, descendants, brothers and sisters, whether the
decedent. He argues that as long as the minor is living in the family relationship be legitimate or illegitimate, who are living in the The family home shall continue to exist despite the death of one or
home, the same continues as such until the beneficiary becomes of family home and who depend upon the head of the family for legal both spouses or of the unmarried head of the family. Thereafter,
age. Private respondent insists that even after the expiration of ten support. the length of its continued existence is dependent upon whether
years from the date of death of Marcelino on July 5, 1987, i.e.,
there is still a minorbeneficiary residing therein. For as long as
even after July 1997, the subject property continues to be
To be a beneficiary of the family home, three requisites must there is one beneficiary even if the head of the family or both
considered as the family home considering that his minor son,
concur: (1) they must be among the relationships enumerated in spouses are already dead, the family home will continue to
Marcelino Lorenzo R. Dario IV, who is a beneficiary of the said
Art. 154 of the Family Code; (2) they live in the family home; and exist (Arts. 153, 159). If there is no minorbeneficiary, it will
family home, still resides in the premises.
(3) they are dependent for legal support upon the head of the subsist until 10 years and within this period, the heirs cannot
family. partition the same except when there are compelling reasons
On the other hand, petitioner alleges that the subject property which will justify the partition. This rule applies regardless of
remained as a family home of the surviving heirs of the late whoever owns the property or who constituted the family
Moreover, Article 159 of the Family Code provides that the family
Marcelino V. Dario only up to July 5, 1997, which was the 10th home.15 (Emphasis supplied)
home shall continue despite the death of one or both spouses or of
year from the date of death of the decedent. Petitioner argues that
the unmarried head of the family for a period of 10 years or for as
the brothers Marcelino Marc and private respondent Marcelino III
long as there is a minor beneficiary, and the heirs cannot partition The rule in Article 159 of the Family Code may thus be expressed
were already of age at the time of the death of their father, 8 hence
the same unless the court finds compelling reasons therefor. This in this wise: If there are beneficiaries who survive and are living in
there is no more minor beneficiary to speak of.
rule shall apply regardless of whoever owns the property or the family home, it will continue for 10 years, unless at the
constituted the family home. expiration of 10 years, there is still a minor beneficiary, in which
185
case the family home continues until that beneficiary becomes of support falls primarily on Marcelino Lorenzo R. Dario IV’s intention to dissolve the family home, since there is no more
age. parents, especially his father, herein private respondent who is the reason for its existence after the 10year period ended in 1997.
head of his immediate family. The law first imposes the obligation
It may be deduced from the view of Dr. Tolentino that as a general of legal support upon the shoulders of the parents, especially the With this finding, there is no legal impediment to partition the
rule, the family home may be preserved for a minimum of 10 years father, and only in their default is the obligation imposed on the subject property.
following the death of the spouses or the unmarried family head grandparents.
who constituted the family home, or of the spouse who consented The law does not encourage coownerships among individuals as
to the constitution of his or her separate property as family home. Marcelino Lorenzo R. Dario IV is dependent on legal support not oftentimes it results in inequitable situations such as in the instant
After 10 years and a minor beneficiary still lives therein, the family from his grandmother, but from his father.1âwphi1 Thus, despite case. Coowners should be afforded every available opportunity to
home shall be preserved only until that minor beneficiary reaches residing in the family home and his being a descendant of divide their coowned property to prevent these situations from
the age of majority. The intention of the law is to safeguard and Marcelino V. Dario, Marcelino Lorenzo R. Dario IV cannot be arising.
protect the interests of the minor beneficiary until he reaches legal considered as beneficiary contemplated under Article 154 because
age and would now be capable of supporting himself. However, he did not fulfill the third requisite of being dependent on his
As we ruled in Santos v. Santos,19 no coowner ought to be
three requisites must concur before a minor beneficiary is entitled grandmother for legal support. It is his father whom he is
compelled to stay in a coownership indefinitely, and may insist on
to the benefits of Art. 159: (1) the relationship enumerated in Art. dependent on legal support, and who must now establish his own
partition on the common property at any time. An action to
154 of the Family Code; (2) they live in the family home, and (3) family home separate and distinct from that of his parents, being of
demand partition is imprescriptible or cannot be barred by laches.
they are dependent for legal support upon the head of the family. legal age.
Each coowner may demand at any time the partition of the
common property.20
Thus, the issue for resolution now is whether Marcelino Lorenzo Legal support, also known as family support, is that which is
R. Dario IV, the minor son of private respondent, can be provided by law, comprising everything indispensable for
Since the parties were unable to agree on a partition, the court a
considered as a beneficiary under Article 154 of the Family Code. sustenance, dwelling, clothing, medical attendance, education and
quo should have ordered a partition by commissioners pursuant to
transportation, in keeping with the financial capacity of the
Section 3, Rule 69 of the Rules of Court. Not more than three
family.16 Legal support has the following characteristics: (1) It is
As to the first requisite, the beneficiaries of the family home are: competent and disinterested persons should be appointed as
personal, based on family ties which bind the obligor and the
(1) The husband and wife, or an unmarried person who is the head commissioners to make the partition, commanding them to set off
obligee; (2) It is intransmissible; (3) It cannot be renounced; (4) It
of a family; and (2) Their parents, ascendants, descendants, to the plaintiff and to each party in interest such part and
cannot be compromised; (5) It is free from attachment or
brothers and sisters, whether the relationship be legitimate or proportion of the property as the court shall direct.
execution; (6) It is reciprocal; (7) It is variable in amount. 17
illegitimate. The term "descendants" contemplates all descendants
of the person or persons who constituted the family home without
When it is made to appear to the commissioners that the real estate,
distinction; hence, it must necessarily include the grandchildren Professor Pineda is of the view that grandchildren cannot demand
or a portion thereof, cannot be divided without great prejudice to
and great grandchildren of the spouses who constitute a family support directly from their grandparents if they have parents
the interest of the parties, the court may order it assigned to one of
home. Ubi lex non distinguit nec nos distinguire debemos. Where (ascendants of nearest degree) who are capable of supporting them.
the parties willing to take the same, provided he pays to the other
the law does not distinguish, we should not distinguish. Thus, This is so because we have to follow the order of support under
parties such sum or sums of money as the commissioners deem
private respondent’s minor son, who is also the grandchild of Art. 199.18 We agree with this view.
equitable, unless one of the parties interested ask that the property
deceased Marcelino V. Dario satisfies the first requisite.
be sold instead of being so assigned, in which case the court shall
The reasons behind Art. 199 as explained by Pineda and Tolentino: order the commissioners to sell the real estate at public sale, and
As to the second requisite, minor beneficiaries must be actually the closer the relationship of the relatives, the stronger the tie that the commissioners shall sell the same accordingly.21
living in the family home to avail of the benefits derived from Art. binds them. Thus, the obligation to support under Art. 199 which
159. Marcelino Lorenzo R. Dario IV, also known as Ino, the son of outlines the order of liability for support is imposed first upon the
The partition of the subject property should be made in accordance
private respondent and grandson of the decedent Marcelino V. shoulders of the closer relatives and only in their default is the
with the rule embodied in Art. 996 of the Civil Code. 22 Under the
Dario, has been living in the family home since 1994, or within 10 obligation moved to the next nearer relatives and so on.
law of intestate succession, if the widow and legitimate children
years from the death of the decedent, hence, he satisfies the second
survive, the widow has the same share as that of each of the
requisite. There is no showing that private respondent is without means to children. However, since only onehalf of the conjugal property
support his son; neither is there any evidence to prove that which is owned by the decedent is to be allocated to the legal and
However, as to the third requisite, Marcelino Lorenzo R. Dario IV petitioner, as the paternal grandmother, was willing to voluntarily compulsory heirs (the other half to be given exclusively to the
cannot demand support from his paternal grandmother if he has provide for her grandson’s legal support. On the contrary, herein surviving spouse as her conjugal share of the property), the widow
parents who are capable of supporting him. The liability for legal petitioner filed for the partition of the property which shows an
186
will have the same share as each of her two surviving children.
Hence, the respective shares of the subject property, based on the
law on intestate succession are: (1) Perla Generosa Dario, 4/6; (2)
Marcelino Marc G. Dario II, 1/6 and (3) Marcelino G. Dario III,
1/6.
In Vda. de Daffon v. Court of Appeals,23 we held that an action for
partition is at once an action for declaration of coownership and
for segregation and conveyance of a determinate portion of the
properties involved. If the court after trial should find the existence
of coownership among the parties, the court may and should order
the partition of the properties in the same action.24
WHEREFORE, the petition is GRANTED. The Resolution of the
Court of Appeals in CAG.R. CV No. 80680 dated December 9,
2005, is REVERSED and SET ASIDE. The case
is REMANDED to the Regional Trial Court of Quezon City,
Branch 78, who is directed to conduct a PARTITION BY
COMMISSIONERS and effect the actual physical partition of the
subject property, as well as the improvements that lie therein, in
the following manner: Perla G. Dario, 4/6; Marcelino Marc G.
Dario, 1/6 and Marcelino G. Dario III, 1/6. The trial court is
DIRECTED to appoint not more than three (3) competent and
disinterested persons, who should determine the technical metes
and bounds of the property and the proper share appertaining to
each heir, including the improvements, in accordance with Rule 69
of the Rules of Court. When it is made to the commissioners that
the real estate, or a portion thereof, cannot be divided without great
prejudice to the interest of the parties, the court a quo may order it
assigned to one of the parties willing to take the same, provided he
pays to the other parties such sum or sums of money as the
commissioners deem equitable, unless one of the parties interested
ask that the property be sold instead of being so assigned, in which
case the court shall order the commissioners to sell the real estate
at public sale, and the commissioners shall sell the same
accordingly, and thereafter distribute the proceeds of the sale
appertaining to the just share of each heir. No pronouncement as to
costs.
SO ORDERED.
CONSUELO YNARESSANTIAGO
Associate Justice
187
Republic of the Philippines a. the amount of P30,000.00 by way of compensation for the land located at Poblacion Malalag is where the family home is
SUPREME COURT death of their son Audie Salinas; built since 1969 prior to the commencement of this case and as
Manila such is exempt from execution, forced sale or attachment under
b. P10,000.00 for the loss of earnings by reason of the death Articles 152 and 153 of the Family Code except for liabilities
FIRST DIVISION of said Audie Salinas; mentioned in Article 155 thereof, and that the judgment debt
sought to be enforced against the family home of defendant is not
one of those enumerated under Article 155 of the Family Code. As
G.R. No. 86355 May 31, 1990 c. the sum of P5,000.00 as burial expenses of Audie Salinas;
to the agricultural land although it is declared in the name of
and
defendant it is alleged to be still part of the public land and the
JOSE MODEQUILLO, petitioner, transfer in his favor by the original possessor and applicant who
vs. d. the sum of P5,000.00 by way of moral damages. was a member of a cultural minority was not approved by the
HON. AUGUSTO V. BREVA FRANCISCO SALINAS, proper government agency. An opposition thereto was filed by the
FLORIPER ABELLANSALINAS, JUANITO CULAN 2. Plaintiffsappellants CulanCulan: plaintiffs.
CULAN and DEPUTY SHERIFF FERNANDO
PLATA respondents. a. the sum of P5,000.00 for hospitalization expenses of In an order dated August 26, 1988, the trial court denied the
Renato Culan Culan; and motion. A motion for reconsideration thereof was filed by
defendant and this was denied for lack of merit on September 2,
Josefina BrandaresAlmazan for petitioner.
b. P5,000.00 for moral damages. 1988.
ABC Law Offices for private respondents.
3. Both plaintiffappellants Salinas and CulanCulan, Hence, the herein petition for review on certiorari wherein it is
P7,000.00 for attorney's fees and litigation expenses. alleged that the trial court erred and acted in excess of its
GANCAYCO, J.: jurisdiction in denying petitioner's motion to quash and/or to set
aside levy on the properties and in denying petitioner' motion for
All counterclaims and other claims are hereby dismissed. 1
The issue in this petition is whether or not a final judgment of the reconsideration of the order dated August 26, 1988. Petitioner
Court of Appeals in an action for damages may be satisfied by way contends that only a question of law is involved in this petition. He
of execution of a family home constituted under the Family Code. The said judgment having become final and executory, a writ of asserts that the residential house and lot was first occupied as his
execution was issued by the Regional Trial Court of Davao City to family residence in 1969 and was duly constituted as a family
satisfy the said judgment on the goods and chattels of the home under the Family Code which took effect on August 4, 1988.
The facts are undisputed.
defendants Jose Modequillo and Benito Malubay at Malalag, Thus, petitioner argues that the said residential house and lot is
Davao del Sur. exempt from payment of the obligation enumerated in Article 155
On January 29, 1988, a judgment was rendered by the Court of
of the Family Code; and that the decision in this case pertaining to
Appeals in CAG.R. CV No. 09218 entitled "Francisco Salinas, et
On July 7, 1988, the sheriff levied on a parcel of residential land damages arising from a vehicular accident took place on March 16,
al. vs. Jose Modequillo, et al.," the dispositive part of which read
located at Poblacion Malalag, Davao del Sur containing an area of 1976 and which became final in 1988 is not one of those instances
as follows:
600 square meters with a market value of P34,550.00 and assessed enumerated under Article 155 of the Family Code when the family
value of P7,570.00 per Tax Declaration No. 8700801359, home may be levied upon and sold on execution. It is further
WHEREFORE, the decision under appeal should be, as it is registered in the name of Jose Modequillo in the office of the alleged that the trial court erred in holding that the said house and
hereby, reversed and set aside. Judgment is hereby rendered Provincial Assessor of Davao del Sur; and a parcel of agricultural lot became a family home only on August 4, 1988 when the
finding the defendantsappellees Jose Modequillo and land located at Dalagbong Bulacan, Malalag, Davao del Sur Family Code became effective, and that the Family Code cannot be
Benito Malubay jointly and severally liable to plaintiffs containing an area of 3 hectares with a market value of P24,130.00 interpreted in such a way that all family residences are deemed to
appellants as hereinbelow set forth. Accordingly, and assessed value of P9,650.00 per Tax Declaration No. 8708 have been constituted as family homes at the time of their
defendantsappellees are ordered to pay jointly and severally 01848 registered in the name of Jose Modequillo in the office of occupancy prior to the effectivity of the said Code and that they are
to: the Provincial Assessor of Davao del Sur. 2 exempt from execution for the payment of obligations incurred
before the effectivity of said Code; and that it also erred when it
1. Plaintiffsappellants, the Salinas spouses: declared that Article 162 of the Family Code does not state that the
A motion to quash and/or to set aside levy of execution was filed
provisions of Chapter 2, Title V have a retroactive effect.
by defendant Jose Modequillo alleging therein that the residential
188
Articles 152 and 153 of the Family Code provide as follows: In the present case, the residential house and lot of petitioner was Narvasa (Chairman), Cruz and Medialdea, JJ., concur. Griño
not constituted as a family home whether judicially or Aquino, J., is on leave.
Art. 152. The family home, constituted jointly by the extrajudicially under the Civil Code. It became a family home by
husband and the wife or by an unmarried head of a family, operation of law only under Article 153 of the Family Code. It is
is the dwelling house where they and their family reside, deemed constituted as a family home upon the effectivity of the
and the land on which it is situated. Family Code on August 3, 1988 not August 4, one year after its
publication in the Manila Chronicle on August 4, 1987 (1988 being
a leap year).
Art. 153. The family home is deemed constituted on a house
and lot from the time it is occupied as a family residence.
From the time of its constitution and so long as any of its The contention of petitioner that it should be considered a family
beneficiaries actually resides therein, the family home home from the time it was occupied by petitioner and his family in
continues to be such and is exempt from execution, forced 1969 is not well taken. Under Article 162 of the Family Code, it is
sale or attachment except as hereinafter provided and to the provided that "the provisions of this Chapter shall also govern
extent of the value allowed by law. existing family residences insofar as said provisions are
applicable." It does not mean that Articles 152 and 153 of said
Code have a retroactive effect such that all existing family
Under the Family Code, a family home is deemed constituted on a
residences are deemed to have been constituted as family homes at
house and lot from the time it is occupied as a family residence.
the time of their occupation prior to the effectivity of the Family
There is no need to constitute the same judicially or extrajudicially
Code and are exempt from execution for the payment of
as required in the Civil Code. If the family actually resides in the
obligations incurred before the effectivity of the Family Code.
premises, it is, therefore, a family home as contemplated by law.
Article 162 simply means that all existing family residences at the
Thus, the creditors should take the necessary precautions to protect
time of the effectivity of the Family Code, are considered family
their interest before extending credit to the spouses or head of the
homes and are prospectively entitled to the benefits accorded to a
family who owns the home.
family home under the Family Code. Article 162 does not state that
the provisions of Chapter 2, Title V have a retroactive effect.
Article 155 of the Family Code also provides as follows:
(3) For debts secured by mortgages on the premises before As to the agricultural land subject of the execution, the trial court
or after such constitution; and correctly ruled that the levy to be made by the sheriff shall be on
whatever rights the petitioner may have on the land.
The exemption provided as aforestated is effective from the time of SO ORDERED.
the constitution of the family home as such, and lasts so long as
any of its beneficiaries actually resides therein.
189
190
Republic of the Philippines 548906. Considering that said property has been acquired through a) Declaring OCT No. P12820 and Free Patent No
SUPREME COURT free patent, such property is therefore inalienable and not subject to 548906 both in the name of Pablo Taneo as null
Manila any encumbrance for the payment of debt, pursuant to and void and directing the Register of Deeds to
Commonwealth Act No. 141. Petitioners further alleged that they cancel the same, without prejudice however on the
FIRST DIVISION were in continuous, open and peaceful possession of the land and part of the defendant to institute legal proceedings
that on February 9, 1968. Deputy Provincial Sheriff Jose V. Yasay for the transfer of the said title in the name of
issued a Sheriffs Deed of Conveyance in favor of the private defendant Abdon Gilig;
G.R. No. 108532 March 9, 1999 respondent over the subject property including their family home
which was extrajudicially constituted in accordance with law. As a b) Declaring Abdon Gilig as the absolute and legal
PABLITO TANEO, JR., JOSE TANEO, NENA T. CATUBIG result of the alleged illegal deed of conveyance, private respondent owner of the land covered by OCT No. P12820,
and HUSBAND, CILIA T. MORING and was able to obtain in his name Tax Declaration No. 851920 over and covered by Tax Declaration No. 851920, and
HUSBAND, petitioners, the land, thus casting a cloud of doubt over the title and ownership hence entitled to the possession of the same and as
vs. of petitioners over said property. a necessary concomitant, admonishing the
COURT OF APPEALS and ABDON GILIG, respondents. plaintiffs to refrain from disturbing the peaceful
Private respondent refuted petitioners' contentions alleging that he possession of the defendant over the land in
lawfully acquired the subject properties described as Lot No. 5545, question.
KAPUNAN, J.:
Cad. 237 which was a private land, by virtue of a Sheriffs Sale on
February 12, 1996. Said sale has become final as no redemption c) Likewise declaring the defendant Abdon Gilig as
The issues in this case are not novel: whether or not the was made within one year from the registration of the Sheriffs the true and absolute owner of the house in
conveyance made by way of the sheriff's sale pursuant to the writ Certificate of Sale. The validity of the sale in favor of Abdon Gilig question formerly declared under Tax Declaration
of execution issued by the trial court in Civil Case No. 590 is was even confirmed by the Court of Appeals in a related case (CA No. 4142 in the name of Pablo Taneo and presently
prohibited under Sec. 118 of Commonwealth Act No. 141; and No. 499965R) entitled "Arriola v. Gilig," where one Rufino declared under Tax Declaration No 851916 in the
whether or not the family home is exempt from execution. Arriola also claimed ownership over the subject property. name of Abdon Gilig; ordering the plaintiffs or any
of their representatives to vacate and return the
As a result of a judgment in Civil Case No. 590 (for recovery of Private respondent averred that the subject land was originally possession of the same to defendant Abdon Gilig;
property) in favor of private respondent, two (2) of petitioners' owned by Lazaro Baa who sold the land to Pablo Taneo on
properties were levied to satisfy the judgment amount of about September 18, 1941, as evidenced by an Escritura de Venta. d) Ordering the plaintiffs, except the nominal
P5,000.00: one was a parcel of land located in Barrio Igpit, Despite it being a private land, Pablo Taneo filed an application for parties herein, to pay to defendant Abdon Gilig the
Municipality of Opol, Misamis Oriental with an area of about five free patent which was final only in 1979. amount of P500.00 a month as reasonable rental of
(5) hectares, and the other was the family home also located at
the house in question to be reckoned from February
Igpit, Opol, Misamis Oriental. The subject properties were sold at
As counterclaim, private respondent alleged that since petitioners 9, 1968 until the possession of the same is returned
public auction on February 12, 1966 to the private respondent as
are still in possession of the subject property, he has been deprived to the defendant.
the highest bidder. Consequently, after petitioners' failure to
of acts of ownership and possession and therefore, prayed for
redeem the same, a final deed of conveyance was executed on
payment of rentals from February, 1968 until possession has been e) To pay to defendant the amount of P5,000.00 as
February 9, 1968, definitely selling, transferring, and conveying
restored to them. attorney's fees and to pay the costs.
said properties to the private respondent.
In its decision of March 27, 1989, the RTC dismissed the SO ORDERED. 1
To forestall such conveyance, petitioners filed an action on
complaint.
November 5, 1985 (docketed as Civil Case No. 10407) to declare
the deed of conveyance void and to quiet title over the land with a On appeal, the Court of Appeals affirmed in toto the decision of
prayer for a writ of preliminary injunction. In their complaint, it The dispositive portion thereof reads as follows: the RTC.
was alleged that petitioners are the children and heirs of Pablo
Taneo and Narcisa Valaceras who died on February 12, 1977 and Premises considered, Judgment is hereby rendered in favor Hence, this petition.
September 12, 1984, respectively. Upon their death, they left the of the defendant and against the plaintiffs, ordering the
subject property covered by OCT No. P12820 and Free Patent No. dismissal of the complaint filed by the plaintiffs;
The petition is devoid of merit.
191
In resolving the issues, the lower court made the following filed Civil Case No. 2667 entitled Arriola vs. We are not unmindful of the intent of the law. In fact, in Republic
findings of fact which this Court finds no cogent reason to disturb: Abdon Gilig, et al., for Recovery of Property v. Court of Appeals, 6 the Court elucidated, to wit:
and/or annulment of Sale with Damages;
1. That the land in question originally belonged to It is wellknown that the homestead laws were designed to
Lazaro Baa who sold the same to the late Pablito 7. That Judgment was rendered by the Court thru distribute disposable agricultural lots of the State to land
(sic) Taneo father of the herein plaintiff on Judge Bernardo Teves dismissing the case with destitute citizens for their home and cultivation. Pursuant to
September 18, 1941, by virtue of an Escritura de costs on February 21, 1969; such benevolent intention the State prohibits the sale or
Venta identified as Reg. Not. 50; pages 53, Foleo encumbrance of the homestead (Section 116) within five
Not. V, Series of 1941 of the Notarial Register of 8. That said decision was appealed to the Court of years after the grant of the patent. After that fiveyear period
Ernie Pelaez (Exh. 10); Appeals which affirmed the decision in toto on the law impliedly permits alienation of the favor homestead;
June 20, 979, declaring the alleged Deed of Sale but in line with the primordial purpose to favor the
2. That on July 19, 1951 Abdon Gilig with his wife executed by Abdon Gilig in favor of the plaintiff as homesteader and his family the statute provides that such
filed a Civil Case No. 590 for recovery of property null and void for being simulated or fictitious and alienation or conveyance (Section 117) shall be subject to
against Pablo Taneo, et al., wherein Judgment was executed in fraud or (sic) creditors; the right of repurchase by the homesteader, his widow of
rendered on June 24, 1964, in favor of Abdon Gilig heirs within five years. This Section 117 is undoubtedly a
and against Pablo Taneo ordering the latter to pay complement of Section 116. It aims to preserve and keep in
9. That on March 7, 1964, Pablo Taneo constituted
damages in the amount of P5,000.00 (Exh. 2); the family of the homesteader that portion of public land
the house in question erected on the land of
which the State had gratuitously given to him. It would,
Plutarco Vacalares as a family home (Exh. F) but
therefore, be in keeping with this fundamental idea to hold,
3. That by virtue of said decision, a writ of was however, notarized only on May 2, 1965 and
as we hold, that the right to repurchase exists not only when
Execution was issued on November 22, 1965 registered with the Register of Deeds on June 24,
the original homesteader makes the conveyance, but also
against the properties of Pablo Taneo and on 1966.
when it is made by his widow or heirs. This construction is
December 1, 1965, a Notice of Levy was executed
clearly deducible from the terms of the statute.
by the Clerk of Court Pedro Perez wherein the 10. That in the meanwhile, unknown to the
properties in question were among the properties defendant, Pablo Taneo applied for a free patent on
levied by the Sheriff (Exh 3); The intent of the law is undisputable but under the facts of the
the land in question which was approved on
case, the prohibition invoked by the petitioners under Section 118
October 13, 1973, (Exh. B) and the Patent and Title
does not apply to them.
4. That the said properties were sold at public issued on December 10, 1980 (Oct No. P12820
auction wherein the defendant Abdon Gilig came Exh. 12);
out as the highest bidder and on February 12, 1965, Sec. 118 of Commonwealth Act No. 141 reads:
a Sheriffs Certificate of Sale was executed by Ex 11. On November 3, 1985, the plaintiff filed the
Oficio Provincial Sheriff Pedro Perez (Exh. 1) present action. 2 Except in favor of the Government or any of its branches,
ceding the said properties in favor of Abdon Gilig units or institution, or legally constituted banking
and which Certificate of Sale was registered with corporations, lands acquired under free patent or homestead
Petitioners contend that under Section 118 of Commonwealth Act
the Register of Deeds on March 2, 1966; provisions shall not be subject to encumbrance or alienation
No. 141, the subject land which they inherited from their father
from the date of the approval of the application and for a
under free patent cannot be alienated or encumbered in violation of
5. That for failure to redeem the said property term of five years from and after the date of issuance of the
the law. Citing in particular the cases of Oliveros v.
within the reglementary period, a Sheriffs final patent or grant, nor shall they become liable to the
Porciongcola 3 and Gonzaga v. Court of Appeals, 4 the execution
Deed of Conveyance was executed by same satisfaction of any debt contracted prior to the expiration of
or auction sale of the litigated land falls within the prohibited
Provincial Sheriff Jose V. Yasay on February 1968, said period, but the improvements or crops on the land may
period and is. likewise, a disavowal of the rationale of the law
(Exhs. 4, 4A) conveying the property definitely to be mortgaged or pledged to qualified persons, associations,
which is to give the homesteader or patentee every chance to
Abdon Gilig. or corporations.
preserve for himself and his family the land which the State had
gratuitously given to him as a reward for his labor in cleaning and
6. That on April 20, 1966, after his thirdparty cultivating it. 5 x x x x x x x x x
claim which he filed with the Sheriff in Civil Case
No. 590 was not given due course, Rufino Arriola
192
The prohibition against alienation of lands acquired by homestead for free patent. We quote with favor the respondent court's valid Under the Family Code, however. registration was no longer
or free patent commences on the date of the approval of the observation on the matter: necessary Article 153 of the Family Code provides that the family
application for free patent and the fiveyear period is counted from home is deemed constituted on a house and lot from the time it is
the issuance of the patent. The reckoning point is actually the date . . . the application of Pablo Taneo for a free patent was occupied in the family. It reads:
of approval of the application. In Amper v. Presiding Judge, 7 the approved only on 19 October 1973 and Free Patent was
Court held that: issued on 10 December 1980. Under the aforecited The family home is deemed constituted on a house and lot
provision, the subject land could not be made liable for the from the time it is occupied as family residence. From the
. . . The date when the prohibition against the alienation of satisfaction of any debt contracted from the time of the time of its constitution and so long as its beneficiaries
lands acquired by homesteads or free patents commences is application and during the 5year period following 10 actually resides therein, the family home continues to be
"the date of the approval of the application" and the December 1980, or until 10 December 1985. However, such and is exempt from execution, forced sale or
prohibition embraces the entire fiveyear period "from and debts contracted prior to the approval of the application for attachment, except as hereinafter provided and to the extent
after the date of issuance of the patent or, grant." As stated free patent, that is prior to 18 October 1973, are not covered of the value allowed by law.
in Beniga v. Bugas, (35 SCRA 111), the provision would by the prohibition. This is because they do not fall within
make no sense if the prohibition starting "from the date of the scope of the prohibited period. In this case, the judgment It is under the foregoing provision which petitioners seek refuge to
the approval of the application" would have no termination debt in favor of defendantappellee was rendered on 24 June avert execution of the family home arguing that as early as 1964,
date. 1964, the writ of execution issued on 22 November 1965, Pablo Taneo had already constituted the house in question as their
notice of levy made on 1 December 1965, the execution sale family home. However, the retroactive effect of the Family Code,
The specific period of five years within which the alienation held on 12 February 1966, and the certificate of sale particularly on the provisions on the family home has been clearly
or encumbrance of a homestead is restricted starts to be registered on 2 March 1966, all before Pablo Taneo's laid down by the court as explained in the case of Manacop v.
computed from the date of the issuance of the patent. But application for free patent was approved on 19 October Court of Appeals 11 to wit:
the prohibition of alienation commences from the date the 1973. The execution, therefore, was not violative of the
law. 8
application is approved which comes earlier. (Emphasis Finally, the petitioner insists that the attached property is a
ours.) family home, having been occupied by him and his family
Anent the second issue, petitioners aver that the house which their since 1972, and is therefore exempt from attachment.
father constituted as family home is exempt from execution. In a
Following this ruling, we agree with the respondent court that the
last ditch effort to save their property, petitioners invoke the
conveyance made by way of the sheriff's sale was not violative of The contention is not welltaken.
benefits accorded to the family home under the Family Code.
the law. The judgment obligation of the petitioners against Abdon
Gilig arose on June 24, 1964. The properties were levied and sold
While Article 153 of the Family Code provides that the
at public auction with Abdon Gilig as the highest bidder on A family home is the dwelling place of a person and his family. It
family home is deemed constituted on a house and lot from
February 12, 1966. On February 9, 1968, the final deed of is said, however, that the family home is a real right, which is
the time it is occupied as a family residence, it does not
conveyance ceding the subject property to Abdon Gilig was issued gratuitous, inalienable and free from attachment, constituted over
mean that said article has a retroactive effect such that all
after the petitioners failed to redeem the property after the the dwelling place and the land on which it is situated, which
existing family residences, petitioner's included, are deemed
reglementary period. Pablo Taneo`s application for free parent was confers upon a particular family the right to enjoy such properties,
which must remain with the person constituting it and his heirs. 9 It to have been constituted as family homes at the time of their
approved only on October 19, 1973.
cannot be seized by creditors except in certain specials cases. occupation prior to the effectivity of the Family Code and
henceforth, are exempt from execution for the payment of
The sequence of the events leads us to the inescapable conclusion obligations incurred before the effectivity of the Family
that even before the application for homestead had been approved, Under the Civil Code (Articles 224 to 251), a family home may be
Code on August 3, 1988 (Mondequillo vs. Breva, 185 SCRA
Pablo Taneo was no longer the owner of the land. The deed of constituted judicial and extrajudicially, the former by the filing of
766). Neither does Article 162 of said Code state that the
conveyance issued on February 9, 1968 finally transferred the the petition and with the approval of the proper court, and the latter
provisions of Chapter 2, Title V thereof have retroactive
property to Abdon Gilig. As of that date, Pablo Taneo did not by the recording of a public instrument in the proper registry of
effect. It simply means that all existing family residences at
actually have transferred to herein petitioners. The petitioners are property declaring the establishment of the family home. The
the time of the effectivity of the Family Code are considered
not the owners of the land and cannot claim to be such by invoking operative act then which created the family home extrajudicially
family homes and are prospectively entitled to the benefits
Commonwealth Act No. 141. The prohibition does not apply since was the registration in the Registry of Property of the declaration
accorded to a family home under the Family Code
it is clear from the records that the judgment debt and the prescribed by Articles 240 and 241 of the Civil Code. 10
(Modequillo vs. Breva, supra). Since petitioner's debt was
execution sale took place prior to the approval of the application incurred as early as November 25, 1987, it preceded the
effectivity of the Family Code. His property is therefore not
193
exempt from attachment (Annex "O," Plaintiff's Position understood that the house should be constructed on a
Paper and Memorandum of Authorities, p. 78)." (pp. 56, land not belonging to another. Apparently, the constitution of a
Decision; pp. 6465, Rollo) (emphasis ours) family home by Pablo Taneo in the instant case was merely an
afterthought in order to escape execution of their property but to no
The applicable law, therefore. in the case at bar is still the Civil avail.
Code where registration of the declaration of a family home is a
prerequisite. Nonetheless, the law provides certain instances where WHEREFORE, the petition is DENIED for lack of merit.
the family home is not exempted from execution, forced sale or
attachment. SO ORDERED.
Art. 243 reads: Davide, Jr., C.J., Melo and Pardo, JJ., concur.
(1) For nonpayment of taxes;
(2) For debts incurred before the declaration was recorded
in the Registry of Property;
(3) For debts secured by mortgages on the premises before
or after such record of the declaration;
Moreover, the constitution of the family home by Pablo Taneo is
even doubtful considering that such constitution did not comply
with the requirements of the law. The trial court found that the
house was erected not on the land which the Taneos owned but on
the land of one Plutarco Vacalares. By the very definition of the
law that the "family home is the dwelling house where a person
and his family resides and the land on which it is situated," 13 it is
194
Republic of the Philippines as a public road and as there were many discrepancies in the areas Supreme Court issued a Resolution denying the petition for late
SUPREME COURT occupied, it was then discovered that defendantappellees were filing and lack of appropriate service.
Manila actually occupying Lot No. 7777.
Subsequently, or on February 15, 2000, the Supreme Court
THIRD DIVISION On June 23, 1992, plaintiffappellants filed a Complaint docketed Resolution had become final and executory.
as Civil Case No. 9220127 for Recovery of Property against
G.R. No. 180587 March 20, 2009 Consequently, the case was remanded to the court a quo and the
defendantappellees.
latter commissioned the Municipal Assessor of Molave,
SIMEON CABANG, VIRGINIA CABANG and VENANCIO On July 19, 1996, the trial court rendered its decision, the Zamboanga del Sur to determine the value of the improvements
CABANG ALIAS "DONDON", Petitioners, dispositive portion of which reads, thus: introduced by the defendantappellees.
vs.
WHEREFORE, judgment is hereby rendered in favor of the The Commissioner’s Report determined that at the time of ocular
MR. & MRS. GUILLERMO BASAY, Respondents.
defendants and against the plaintiff – inspection, there were three (3) residential buildings constructed on
D E C I S I O N the property in litigation. During the ocular inspection, plaintiff
1. Holding that the rights of the plaintiffs to recover the
appellants’ son, Gil Basay, defendantappellee Virginia Cabang,
YNARESSANTIAGO, J.: land registered in their names, have been effectively
and one Bernardo Mendez, an occupant of the lot, were present. In
barred by laches; and
This petition for review on certiorari under Rule 45 of the Rules of the report, the following appraised value of the improvements were
Court seeks to annul and set aside the Decision of the Court of 2. Ordering the dismissal of the aboveentitled case. determined, thus:
Appeals in CAG.R. CV No. 767551 dated May 31, 20072 which
No pronouncement as to cost.
reversed the Order3 of the Regional Trial Court of Molave, Area Appraised
Owner Lot No. Improvement
Zamboanga Del Sur, Branch 23 in Civil Case No. 9920127 which SO ORDERED. (sq.m.) Value
denied respondents’ motion for execution on the ground that
Aggrieved, plaintiffappellants filed an appeal before the Court of
petitioners’ family home was still subsisting. Also assailed is the
Appeals assailing the abovedecision. Said appeal was docketed as Virginia Cabang 7777 32.55 Building P21,580.65
Resolution dated September 21, 2007 denying the motion for
CAG.R. CV No. 55207.
reconsideration.
On December 23, 1998, the Court of Appeals, through the then
The facts as summarized by the appellate court: Jovencio Capuno 7777 15.75 Building 18,663.75
Second Division, rendered a Decision reversing the assailed
Deceased Felix Odong was the registered owner of Lot No. 7777, decision and decreed as follows:
Ts 222 located in Molave, Zamboanga del Sur. Said lot was Amelito Mata 7777 14.00 Building 5,658.10
WHEREFORE, the judgment herein appealed from is hereby
covered by Original Certificate of Title No. 02,768 pursuant to
REVERSED, and judgment is hereby rendered declaring the
Decree No. N64 and issued on March 9, 1966. However, Felix
plaintiffsappellants to be entitled to the possession of Lot No. Toilet 1,500.00
Odong and his heirs never occupied nor took possession of the lot.
7777 of the Molave Townsite, subject to the rights of the
On June 16, 1987, plaintiffappellants bought said real property defendantsappellees under Article (sic) 448, 546, 547 and 548 of Plants &
2,164.00
from the heirs of Felix Odong for P8,000.00. Consequently, OCT the New Civil Code. Trees
No. 02,768 was cancelled and in its stead, Transfer Certificate of
The records of this case are hereby ordered remanded to the court
Title No. T22,048 was issued on August 6, 1987 in the name of
of origin for further proceedings to determine the rights of the
plaintiffappellants. The latter also did not occupy the said P49,566.50
defendantsappellees under the aforesaid article (sic) of the New TOTAL
property.
Civil Code, and to render judgment thereon in accordance with the
Defendantappellees, on the other hand, had been in continuous, evidence and this decision. Thereafter, upon verbal request of defendantappellees, the court a
open, peaceful and adverse possession of the same parcel of land quo in its Order declared that the tie point of the survey should be
No pronouncement as to costs. the BLLM (Bureau of Lands Location Monument) and authorized
since 1956 up to the present. They were the awardees in the
cadastral proceedings of Lot No. 7778 of the Molave Townsite, Ts SO ORDERED. the official surveyor of the Bureau of Lands to conduct the survey
222. During the said cadastral proceedings, defendantappellees of the litigated property.
claimed Lot No. 7778 on the belief that the area they were actually Defendantappellees thereafter filed a petition for review on
certiorari under Rule 45 of the Rules of Court before the Supreme Pursuant to the above Order, the Community Environment and
occupying was Lot No. 7778. As it turned out, however, when the
Court docketed as G.R. No. 139601. On October 18, 1999, the Natural Resources Office (CENRO) of the Department of
Municipality of Molave relocated the townsite lots in the area in
Environment and Natural Resources (DENR)Region XI
1992 as a big portion of Lot No. 7778 was used by the government
195
designated Geodetic Engineer Diosdado L. de Guzman to [act] as On June 18, 2002, plaintiffappellants filed their Manifestation and judgment becomes final, the winning party is entitled to a writ of
the official surveyor. On March 2002, Engr. De Guzman submitted Motion for Execution alleging therein that defendantappellees execution and the issuance thereof becomes a court’s ministerial
his survey report which stated, inter alia: refused to accept payment of the improvements as determined by duty.14
the court appointed Commissioner, thus, they should now be
1. That on September 18, 2001, the undersigned had Furthermore, as a matter of settled legal principle, a writ of
ordered to remove said improvements at their expense or if they
conducted verification survey of Lot 7777, Ts222 and execution must adhere to every essential particulars of the
refused, an Order of Demolition be issued.
the adjacent lots for reference purposeswith both judgment sought to be executed.15 An order of execution may not
parties present on the survey; On September 6, 2002, the court a quo issued the herein assailed vary or go beyond the terns of the judgment it seeks to enforce.16 A
Order denying the motion for execution.4 writ of execution must conform to the judgment and if it is
2. That the survey was started from BLLM #34, as
different from, goes beyond or varies the tenor of the judgment
directed by the Order, taking sideshots of lot corners, Respondents thereafter elevated their cause to the appellate court
which gives it life, it is a nullity.17 Otherwise stated, when the order
existing concrete fence, road and going back to BLLM which reversed the trial court in its May 31, 2007 Decision in CA
of execution and the corresponding writ issued pursuant thereto is
#34, a point of reference; G.R. CV No. 76755. Petitioners’ Motion for Reconsideration was
not in harmony with and exceeds the judgment which gives it life,
denied by the Court of Appeals in its Resolution 5 dated September
3. Considering that there was only one BLLM existing they have pro tanto no validity18 – to maintain otherwise would be
21, 2007.
on the ground, the undersigned conducted astronomical to ignore the constitutional provision against depriving a person of
observation on December 27, 2001 in order to check the Hence, this petition. his property without due process of law.19
carried Azimuth of the traverse;
Petitioners insist that the property subject of the controversy is a As aptly pointed out by the appellate court, from the inception of
4. That per result of the survey conducted, it was found duly constituted family home which is not subject to execution, Civil Case No. 9920127, it was already of judicial notice that the
out and ascertained that the area occupied by Mrs. thus, they argue that the appellate tribunal erred in reversing the improvements introduced by petitioners on the litigated property
Virginia Cabang is a portion of Lot 7777, with lot judgment of the trial court. are residential houses not family homes. Belatedly interposing
assignment to be known as Lot 7777A with an area of such an extraneous issue at such a late stage of the proceeding is
The petition lacks merit.
303 square meters and portion of Lot 7778 with lot tantamount to interfering with and varying the terms of the final
assignment to be known as Lot 7778A with an area of It bears stressing that the purpose for which the records of the case and executory judgment and a violation of respondents’ right to
76 square meters. On the same lot, portion of which is were remanded to the court of origin was for the enforcement of due process because –
also occupied by Mr. Bernardo Mendez with lot the appellate court’s final and executory judgment 6 in CAG.R. CV
As a general rule, points of law, theories and issues not brought to
assignment to be known as Lot 7777B with an area of No. 55207 which, among others, declared herein respondents
the attention of the trial court cannot be raised for the first time on
236 square meters and Lot 7778B with an area of 243 entitled to the possession of Lot No. 7777 of the Molave Townsite
appeal. For a contrary rule would be unfair to the adverse party
square meters as shown on the attached sketch for ready subject to the provisions of Articles 448,7 546,8 5479 an 54810 of the
who would have no opportunity to present further evidence
reference; Civil Code. Indeed, the decision explicitly decreed that the remand
material to the new theory, which it could have done had it been
of the records of the case was for the court of origin "[t]o
5. That there were three (3) houses made of light aware of if at the time of the hearing before the trial
determine the rights of the defendantsappellees under the
material erected inside Lot No. 7777A, which is owned court.20lawphil.net
aforesaid article[s] of the New Civil Code, and to render judgment
by Mrs. Virginia Cabang and also a concrete house
thereon in accordance with the evidence and this decision." The refusal, therefore, of the trial court to enforce the execution on
erected both on portion of Lot No. 7777B and Lot No.
the ground that the improvements introduced on the litigated
7778B, which is owned by Mr. Bernardo Mendez. x x A final and executory judgment may no longer be modified in any
property are family homes goes beyond the pale of what it had
x; respect, even if the modification is meant to correct erroneous
been expressly tasked to do, i.e. its ministerial duty of executing
conclusions of fact or law and whether it will be made by the court
6. That the existing road had been traversing on a the judgment in accordance with its essential particulars. The
that rendered it or by the highest court in the land. 11 The only
portion of Lot 7778 to be know (sic) as Lot 7778CA foregoing factual, legal and jurisprudential scenario reduces the
exceptions to this rule are the correction of (1) clerical errors; (2)
G.R. SP No. with an area of 116 square meters as raising of the issue of whether or not the improvements introduced
the socalled nunc pro tunc entries which cause no prejudice to any
shown on attached sketch plan. by petitioners are family homes into a mere afterthought.
party, and (3) void judgments.12
During the hearing on May 10, 2002, plaintiffappellants’ offer to Even squarely addressing the issue of whether or not the
Wellsettled is the rule that there can be no execution until and
pay P21,000.00 for the improvement of the lot in question was improvements introduced by petitioners on the subject land are
unless the judgment has become final and executory, i.e. the period
rejected by defendantappellees. The court a quo disclosed its family homes will not extricate them from their predicament.
of appeal has lapsed without an appeal having been taken, or,
difficulty in resolving whether or not the houses may be subject of
having been taken, the appeal has been resolved and the records of As defined, "[T]he family home is a sacred symbol of family love
an order of execution it being a family home.
the case have been returned to the court of origin, in which event, and is the repository of cherished memories that last during one’s
execution shall issue as a matter of right.13 In short, once a lifetime.21 It is the dwelling house where the husband and wife, or
196
an unmarried head of a family reside, including the land on which All told, it is too late in the day for petitioners to raise this issue.
it is situated.22 It is constituted jointly by the husband and the wife Without doubt, the instant case where the family home issue has
or by an unmarried head of a family." 23 Article 153 of the Family been vigorously pursued by petitioners is but a clearcut ploy
Code provides that – meant to forestall the enforcement of an otherwise final and
executory decision. The execution of a final judgment is a matter
The family home is deemed constituted from the time it is
of right on the part of the prevailing party whose implementation is
occupied as a family residence. From the time of its constitution
mandatory and ministerial on the court or tribunal issuing the
and so long as any of its beneficiaries actually resides therein, the
judgment.30
family home continues to be such and is exempt from execution,
forced sale or attachment except as hereinafter provided and to the The most important phase of any proceeding is the execution of
extent of the value allowed by law. judgment.31 Once a judgment becomes final, the prevailing party
should not, through some clever maneuvers devised by an
The actual value of the family home shall not exceed, at the time of
unsporting loser, be deprived of the fruits of the verdict.32 An
its constitution, the amount of P300,000.00 in urban areas and
unjustified delay in the enforcement of a judgment sets at naught
P200,000.00 in rural areas.24 Under the aforequoted provision, a
the role of courts in disposing of justiciable controversies with
family home is deemed constituted on a house and a lot from the
finality.33 Furthermore, a judgment if not executed would just be an
time it is occupied as a family residence. There is no need to
empty victory for the prevailing party because execution is the fruit
constitute the same judicially or extrajudicially.25
and end of the suit and very aptly called the life of the law.34
There can be no question that a family home is generally exempt
The issue is moreover factual and, to repeat that trite refrain, the
from execution,26 provided it was duly constituted as such. It is
Supreme Court is not a trier of facts. It is not the function of the
likewise a given that the family home must be constituted on
Court to review, examine and evaluate or weigh the probative
property owned by the persons constituting it. Indeed as pointed
value of the evidence presented. A question of fact would arise in
out in Kelley, Jr. v. Planters Products, Inc. 27 "[T]he family home
such event. Questions of fact cannot be raised in an appeal via
must be part of the properties of the absolute community or the
certiorari before the Supreme Court and are not proper for its
conjugal partnership, or of the exclusive properties of either spouse
consideration.35 The rationale behind this doctrine is that a review
with the latter’s consent, or on the property of the unmarried head
of the findings of fact of the appellate tribunal is not a function this
of the family."28 In other words:
Court normally undertakes. The Court will not weigh the evidence
The family home must be established on the properties of (a) the all over again unless there is a showing that the findings of the
absolute community, or (b) the conjugal partnership, or (c) the lower court are totally devoid of support or are clearly erroneous
exclusive property of either spouse with the consent of the other. It so as to constitute serious abuse of discretion. 36 Although there are
cannot be established on property held in coownership with third recognized exceptions37 to this rule, none exists in this case to
persons. However, it can be established partly on community justify a departure therefrom.
property, or conjugal property and partly on the exclusive property
WHEREFORE, the petition is DENIED. The Decision of the Court
of either spouse with the consent of the latter.1avvphi1
of Appeals dated May 31, 2007 in CAG.R. CV No. 76755
If constituted by an unmarried head of a family, where there is no declaring respondents entitled to the writ of execution and ordering
communal or conjugal property existing, it can be constituted only petitioners to vacate the subject property, as well as the Resolution
on his or her own property.29 (Emphasis and italics supplied) dated September 21, 2007 denying the motion for reconsideration,
are AFFIRMED. Costs against petitioners.
Therein lies the fatal flaw in the postulate of petitioners. For all
their arguments to the contrary, the stark and immutable fact is that SO ORDERED.
the property on which their alleged family home stands is owned
CONSUELO YNARESSANTIAGO
by respondents and the question of ownership had been long laid to
Associate Justice
rest with the finality of the appellate court’s judgment in CAG.R.
CV No. 55207. Thus, petitioners’ continued stay on the subject
land is only by mere tolerance of respondents.
197
198
Republic of the Philippines WHEREFORE, prescinding from all the foregoing, the 2. The City Assessor of Batangas City is hereby directed to
SUPREME COURT Court hereby declares: issue a tax declaration covering the said subject property as
Manila family home for the said plaintiffs and fourth party plaintiffs
1. That the sale of the subject house and lot under Deed
Paterno C. Bell and Rogelia Calingasan Bell; and
FIRST DIVISION of Sale marked as Exhibit “F” is only an equitable
mortgage in favor of the defendants Enrico Eulogio 3. Defendants Enrico Eulogio and Natividad Eulogio are
G.R. No. 186322 July 08, 2018 and Natividad Eulogio. However, the mortgage cannot ordered to pay the plaintiffs attorney’s fees and litigation
ENRICO S EILOGIO and NATIVIDAD V. bind the property in question for being violative of expenses of 35,000.00, as the plaintiffs have been compelled
Chapter 2, Title 4 of the Family Code, its to litigate to protect their property rights, and costs.
EULOGIO, Petitioners,
encumbrance not having been consented to in writing
vs. Both petitioners and respondents appealed to the CA, but the trial
by a majority of the beneficiaries who are the plaintiffs
PATERNO C BELL, SR., ROGELIA CALINGASANBELL, court’s Decision was affirmed en toto. Spouses Bell later brought
herein;
PATERNO WILLIAM BELL, JR., FLORENCE FELICIA the case to this Court to question their liability to petitioners in the
2. The said equitable mortgage is deemed to be an
VICTORIA BELL, PATERNO FERDINAND BELL III, and amount of 1 million plus interest. The Court, however, dismissed
unsecured mortgage [sic] for which the Spouses
PATERNO BENERAÑO BELL IV, Respondents. their Petition for failure to show any reversible error committed by
Paterno C. Bell, Sr. and Rogelia Calingasan Bell as
the CA.4 Thereafter, entry of judgment was made.
D E C I S I O N mortgagors are liable to the defendantsspouses Enrico
Eulogio and Natividad Eulogio in the amount of On 9 June 2004 the RTC issued a Writ of Execution, as a result of
SERENO, CJ.: 1,000,000 plus interest of 12% per annum. However, which respondents’ property covered by the newly reconstituted
under the Fourth Party Complaint Sps. Paterno C. Transfer Certificate of Title (TCT) No. 54208 [formerly RT680
This is a Petition for Review on Certiorari assailing the Court of
Bell, Sr. and Rogelia Calingasan Bell have the right of (5997)] was levied on execution. Upon motion by respondents, the
Appeals (CA) Decision in CAG.R. SP No. 87531 which granted
reimbursement from fourth party defendants Nicolas trial court, on 31 August 2004, ordered the lifting of the writ of
the Petition for Certiorari filed by respondents and enjoined the
Moraña and Julieta Moraña for whom their loan of execution on the ground that the property was a family home.
execution sale of their family home for the satisfaction of the
1,000,000 was secured by Sps. Paterno C. Bell, Sr. and
money judgment awarded to petitioners in Civil Case No. 4581, Petitioners filed a Motion for Reconsideration of the lifting of the
Rogelia Calingasan Bell. Accordingly, the fourth party
and the Resolution which denied petitioners' Motion for writ of execution. Invoking Article 160 of the Family Code, they
defendants Nicolas Moraña and Julieta Moraña are
Reconsideration. posited that the current market value of the property exceeded the
hereby ordered to reimburse Paterno C. Bell, Sr. and
Rogelia Calingasan Bell the loan of 1,000,000 plus statutory limit of 300,000 considering that it was located in a
ANTECEDENT FACTS
interest of 12% per annum to be paid by the latter to commercial area, and that Spouses Bell had even sold it to them
Respondents Paterno William Bell, Jr., Florence Felicia Victoria defendants Enrico and Natividad Eulogio; for 1million.
Bell, Paterno Ferdinand Bell III, and Paterno Beneraño IV (the 3. The house and lot in question is free from any and all The RTC, on 13 October 2004, set the case for hearing to
Bell siblings) are the unmarried children of respondent Spouses encumbrances by virtue of said equitable mortgage or determine the present value of the family home of respondents. It
Paterno C. Bell and Rogelia CalingasanBell (Spouses Bell). In the purported sale; and also appointed a Board of Appraisers to conduct a study on the
1995, the Bell siblings lodged a Complaint for annulment of 4. The Deed of Sale (Exhibit “F”) is null and void for prevailing market value of their house and lot.
documents, reconveyance, quieting of title and damages against being contrary to law and public policy.
petitioners Enrico S. Eulogio and Natividad Eulogio (the Respondents sought reconsideration of the above directives and
Eulogios). It was docketed as Civil Case No. 4581 at the Regional Accordingly, (1) the Register of Deeds of Batangas City is asked the RTC to cite petitioners for contempt because of forum
Trial Court (RTC) of Batangas City, Branch 84. The Complaint hereby ordered to cancel Transfer Certificate of Title No. T shopping. They argued that petitioners’ bid to determine the
sought the annulment of the contract of sale executed by Spouses 131472 in the name of defendants Enrico S. Eulogio and present value of the subject property was just a ploy to relitigate
Bell over their 329 squaremeter residential house and lot, as well Natividad Eulogio and to reconstitute (sic) Transfer an issue that had long been settled with finality.
as the cancellation of the title obtained by petitioners by virtue of Certificate of Title No. RT680(5997) as “family home” of
the plaintiffs Florence Felicia Victoria C. Bell, Paterno The RTC, however, denied the Motion for Reconsideration of
the Deed.
William C. Bell Jr., Paterno Ferdinand C. Bell III, Paterno respondents and directed the commissioners to canvass prospective
The RTC granted respondents’ prayers, but declared Spouses Bell Beneraño C. Bell IV and fourth party plaintiffs Paterno C. buyers of their house and lot.
liable to petitioners in the amount of 1 million plus 12% interest Bell Sr. and Rogelia Calingasan Bell; or in the alternative to On 23 November 2004, respondents filed a Petition for Certiorari
per annum. The dispositive portion of the Decision dated 15 July issue a new Transfer Certificate of Title under the same
1998 reads as follows: and Injunction before the CA, where it was docketed as CAG.R.
tenor; SP No. 87531.
199
Subsequently, the RTC issued on 25 November 2004 an Order the same cause of action but with different prayers, or by splitting Res judicata (meaning, a “matter adjudged”) is a fundamental
dispensing with the valuation report of the commissioners and of causes of action (where the ground for dismissal is also either principle of law that precludes parties from relitigating issues
directing the issuance of a writ of execution. Consequently, litis pendentia or res judicata). actually litigated and determined by a prior and final judgment.
respondents filed before the CA a Supplemental Petition with an Under the 1997 Rules of Court, there are two aspects of res
The essence of forum shopping is the filing of multiple suits
urgent prayer for a temporary restraining order. judicata, namely: bar by prior judgment and conclusiveness of
involving the same parties for the same cause of action, either
judgment.
The CA eventually enjoined the execution sale set on 22 December simultaneously or successively, for the purpose of obtaining a
2004 by the RTC. favorable judgment through means other than by appeal or There is “bar by prior judgment” when, as between the first case in
certiorari. Forum shopping does not apply to cases that arise from which the judgment has been rendered and the second case that is
On 31 July 2008, the CA rendered its Decision granting
an initiatory or original action that has been elevated by way of sought to be barred, there is an identity of parties, subject matter,
respondents’ Petition for Certiorari, but it rejected their theory that
appeal or certiorari to higher or appellate courts or authorities. This and causes of action. In this instance, the judgment in the first case
res judicata had already set in.
is so because the issues in the appellate courts necessarily differ constitutes an absolute bar to the second action. The judgment or
The appellate court ruled that the RTC Decision, which had from those in the lower court, and the appealed cases are but a decree on the merits of the court of competent jurisdiction
become final and executory, only declared respondents’ house and continuation of the original case and treated as only one case. concludes the litigation between the parties, as well as their privies,
lot as a family home. Since the issue of whether it may be sold in and constitutes a bar to a new action or suit involving the same
Respondents contend that the Decision in Civil Case No. 4581,
execution was incidental to the execution of the aforesaid cause of action before the same or any other tribunal.
which declared that property in dispute was a family home, had
Decision, there was as yet no res judicata.
long attained finality. Accordingly, respondents maintain that On the other hand, there is “conclusiveness of judgment” where
Still, the CA found that the trial court committed grave abuse of petitioners’ bid to relitigate the present value of the property in the there is an identity of parties in the first and second cases, but no
discretion in ordering the execution sale of the subject family home course of the execution proceedings is barred by res judicata, and identity of causes of action. Under this rule, the first judgment is
after finding that its present value exceeded the statutory limit. The that petitioners should be cited for contempt of court because of conclusive only as to those matters actually and directly
basis for the valuation of a family home under Article 160, forumshopping. controverted and determined and not as to matters merely involved
according to the appellate court, is its actual value at the time of its therein. Stated differently, any right, fact, or matter in issue
Recall that although the trial court had nullified the Deed of Sale
constitution and not the market/present value; therefore, the trial directly adjudicated or necessarily involved in the determination
over respondents’ family home in Civil Case No. 4581 for lack of
court’s order was contrary to law. of an action before a competent court in which judgment is
a written consent from its beneficiaries as required under Article
rendered on the merits is conclusively settled by the judgment
On 09 February 2009, the CA denied petitioners’ Motion for 158 of the Family Code, the court still recognized the validity of
therein and cannot again be litigated between the parties and their
Reconsideration. Hence, this Petition. the transaction as an unsecured loan. Hence, it declared Spouses
privies whether or not the claim, demand, purpose, or subject
Bell liable to petitioners in the amount of 1 million plus 12%
ISSUES matter of the two actions is the same.
interest per annum.
The issues to be resolved are: (1) whether petitioners are guilty of In this case, the trial court’s final decision in Civil Case No. 4581
Petitioners’ bid to satisfy the above judgment cannot be considered
forumshopping; (2) whether a hearing to determine the value of bars petitioners’ move to have the property in dispute levied on
an act of forum shopping. Simply, the execution of a decision is
respondents’ family home for purposes of execution under Article execution.
just the fruit and end of a suit and is very aptly called the life of the
160 of the Family Code is barred under the principle of res law. It is not separate from the main case. Similarly, the filing of There is no question that the main proceedings in Civil Case No.
judicata; and (3) whether respondents’ family home may be sold the instant Petition as a continuation of the execution proceedings 4581 and the subsequent execution proceedings involved the same
on execution under Article 160 of the Family Code. does not constitute forum shopping. Seeking a reversal of an parties and subject matter. For these reasons, respondents argue
adverse judgment or order by appeal or certiorari does not that the execution sale of the property in dispute under Article 160
THE COURT’S RULING
constitute forum shopping. Such remedies are sanctioned and of the Family Code is barred by res judicata, since the trial court
The Court denies the Petition for lack of merit. provided for by the rules. has already determined that the value of the property fell within the
Petitioners are not guilty of forumshopping. statutory limit.
Indeed, as will be presently discussed, the causes of action in the
main proceedings in Civil Case No. 4581 and the consequent The CA held that the trial court’s Decision, which is indisputably
Forum shopping can be committed in three ways: (1) by filing
execution proceedings are identical. Suffice it to say, however, that final, only settled the issue of whether the property in dispute was
multiple cases based on the same cause of action and with the same
the danger of a multiplicity of suits upon one and the same cause a family home. The CA ruled thus:
prayer, the previous case not having been resolved yet (where the
of action, which the judicial policy against forum shopping seeks
ground for dismissal is litis pendentia); (2) by filing multiple cases We rule that there is no res judicata.
to prevent, does not exist in this case.
based on the same cause of action and with the same prayer, the
previous case having been finally resolved (where the ground for Relitigating the issue of the value of respondents’ family home At the outset, let it be emphasized that the decision of
dismissal is res judicata); and (3) by filing multiple cases based on is barred by res judicata. the trial court dated July 15, 1998, which has become
200
final and executory, only declares the subject property Applying the above guidelines, the Court finds that the entirety of therefore concludes that the said house is a family home
as a family home. As a matter of fact, private Civil Case No. 4581 – including the bid of petitioners to execute under Chapter 2, Title 5 of the Family Code. Its
respondents never questioned that such property is a the money judgment awarded to them by the trial court – is alienation by the said Spouses without the written
family home, and consequently, the issue as to whether founded on a common cause of action. Records show that the sole consent of the majority of the children/plaintiffs is null
or not the property is family home is settled and res evidence submitted by petitioners during the execution and void for being contrary to law and public policy as
judicata lies only with respect to this issue. proceedings was the Deed of Sale, which the trial court had enunciated in Art. 158 of the Family Code.
nullified in the main proceedings. Concomitantly, the very same [Underscoring supplied]
But the issue as to whether or not a family home could
defense raised by petitioners in the main proceedings, i.e., that they
be the subject of an execution sale was not resolved by The foregoing points plainly show that the issue of whether the
had bought the property from Spouses Bell for 1 million – was
the trial court. This issue[was] raised only when the property in dispute exceeded the statutory limit of 300,000 has
utilized to substantiate the claim that the current value of
writ of execution was issued and hence, [was not] already been determined with finality by the trial court. Its finding
respondents’ family home was actually 1 million. In fact, the trial
resolved with finality. Thus, the issue before this Court necessarily meant that the property is exempt from execution.
court’s order for respondents’ family home to be levied on
is whether or not the [f]amily [h]ome of petitioners Assuming for the sake of argument that causes of action in the
execution was solely based on the price stated in the nullified Deed
under the facts and circumstances of the case could be main proceedings and in the execution proceedings are different,
of Sale.
the subject of a writ of execution and sold at public the parties are still barred from litigating the issue of whether
auction. Res judicata applies, considering that the parties are litigating over respondents’ family home may be sold on execution sale under the
the same property. Moreover, the same contentions and evidence principle of conclusiveness of judgment.
The Court disagrees with the CA.
advanced by the petitioners to substantiate their claim over
Respondents’ family home cannot be sold on execution under
“Cause of action” is the act or omission by which a party violates respondents’ family home have already been used to support their Article 160 of the Family Code.
the right of another. It may be argued that the cause of action in the arguments in the main proceedings.
main proceedings was the sale of the property in dispute, while in Unquestionably, the family home is exempt from execution as
Any lingering doubt on the application of res judicata to this case
the execution proceedings it was the indebtedness of Spouses Bell expressly provided for in Article 153 of the Family Code.
should be put to rest by the trial court’s discussion of the nature
to petitioners.
and alienability of the property in dispute, to wit: It has been said that the family home is a real right that is
The settled rule, however, is that identity of causes of action does gratuitous, inalienable and free from attachment.40 The great
The second issue is about the allegation of the plaintiffs
not mean absolute identity. Otherwise, a party could easily escape controlling purpose and policy of the Constitution is the protection
that the family home which has been constituted on the
the operation of res judicata by changing the form of the action or or the preservation of the homestead – the dwelling place. A
house and lot in question is exempt from alienation and
the relief sought. The test to determine whether the causes of houseless, homeless population is a burden upon the energy,
that its value does not exceed 300,000. Paterno Bell, Sr.
action are identical is to ascertain whether the same evidence will industry, and morals of the community to which it belongs. No
testified that the twostorey house was built in 1947 and
sustain both actions, or whether there is an identity of the facts greater calamity, not tainted with crime, can befall a family than to
was made of wood and hollow blocks. He inherited it in
essential to the maintenance of the two actions. If the same facts or be expelled from the roof under which it has been gathered and
1976 from his parents and has been living there with his
evidence would sustain both, the two actions are considered the sheltered. The family home cannot be seized by creditors except in
family. In 1976, when an extrajudicial settlement was
same, and a judgment in the first case would be a bar to the special cases. T
made of the estate of his parents, the fair market value
subsequent action. Hence, a party cannot, by varying the form of
of the house was 70,000. he nature and character of the property that debtors may claim to
action or adopting a different method of presenting the case,
be exempt, however, are determined by the exemption statute. The
escape the operation of the principle that one and the same cause of City Assessor Rodezinda Pargas testified and presented exemption is limited to the particular kind of property or the
action shall not be twice litigated between the same parties or their Tax Declaration and others, (Exhibit “J”, Tax specific articles prescribed by the statute; the exemption cannot
privies. Declaration No. 005047) beginning 1985 showing that exceed the statutory limit.
the subject lot with an area of 329 sq. m. had a fair
Among several tests resorted to in ascertaining whether two suits
market value of 76,000.00 and the residential house Articles 155 and 160 of the Family Code specify the exceptions
relate to a single or common cause of action are: (1) whether the
located thereon of 50,000.00, for a total value of mentioned in Article 153, to wit:
same evidence would support and sustain both the first and the
126,000.00. She testified that during the prior years the
second causes of action; and (2) whether the defenses in one case ARTICLE 155. The family home shall be exempt from
assessed values were lower. This shows that the limit of
may be used to substantiate the complaint in the other. Also execution, forced sale or attachment except:
the value of 300,000.00 under Article 157, Title 5 of the
fundamental is the test for determining whether the cause of action
Family Code has not been exceeded. The testimonies of (1) For nonpayment of taxes;
in the second case existed at the time of the filing of the first
the plaintiffs who are children of Sps. Paterno Bell, Sr.
complaint. (2) For debts incurred prior to the constitution of the
and Rogelia Calingasan Bell show that they had lived in
family home;
that house together with their said parents. The Court
201
(3) For debts secured by mortgages on the premises chartered cities. All others are deemed to be rural areas. owners of the property, the same rules and
before or after such constitution; and [Underscoring supplied] procedure shall apply.
To warrant the execution sale of respondents’ family home under This is a petition for review on certiorari under Rule 45 of the
Article 160, petitioners needed to establish these facts: (1) there Rules of Court filed by the Spouses Araceli OlivaDe Mesa
was an increase in its actual value; (2) the increase resulted from (Araceli) and Ernesto S. De Mesa (Ernesto), assailing the Court of
voluntary improvements on the property introduced by the persons Appeals’ (CA) Decision1 dated June 6, 2008 and Resolution2 dated
constituting the family home, its owners or any of its beneficiaries; October 23, 2008 in CAG.R. CV No. 79391 entitled "Spouses
and (3) the increased actual value exceeded the maximum allowed Araceli OlivaDe Mesa and Ernesto De Mesa v. Spouses Claudio
under Article 157. Acero, Jr., et al."
During the execution proceedings, none of those facts was alleged
– much less proven – by petitioners. The sole evidence presented The Antecedent Facts
was the Deed of Sale, but the trial court had already determined
203
This involves a parcel of land situated at No. 3 Forbes Street, Meanwhile, on March 24, 1995, a Final Deed of Sale 4 over the (M) and other documents with damages with the RTC of Malolos,
Mount Carmel Homes Subdivision, Iba, Meycauayan, Bulacan, subject property was issued to Claudio and on April 4, 1995, the Bulacan. Therein, the petitioners asserted that the subject property
which was formerly covered by Transfer Certificate of Title (TCT) Register of Deeds of Meycauayan, Bulacan cancelled TCT No. T is a family home, which is exempt from execution under the
No. T76.725 (M) issued by the Register of Deeds of Meycauayan, 76.725 (M) and issued TCT No. T221755 (M)5 in his favor. Family Code and, thus, could not have been validly levied upon for
Bulacan and registered under Araceli’s name. The petitioners purposes of satisfying the March 15, 1993 writ of execution.
jointly purchased the subject property on April 17, 1984 while they Unable to collect the aforementioned rentals due, Claudio and his
were still merely cohabiting before their marriage. A house was wife Ma. Rufina Acero (Rufina) (collectively referred to as On September 3, 2002, the RTC rendered a Decision, 11 which
later constructed on the subject property, which the petitioners Spouses Acero) filed a complaint for ejectment with the Municipal dismissed the petitioners’ complaint. Citing Article 155(3) of the
thereafter occupied as their family home after they got married Trial Court (MTC) of Meycauayan, Bulacan against the petitioners Family Code, the RTC ruled that even assuming that the subject
sometime in January 1987. and Juanito. In their defense, the petitioners claimed that Spouses property is a family home, the exemption from execution does not
Acero have no right over the subject property. The petitioners deny apply. A mortgage was constituted over the subject property to
Sometime in September 1988, Araceli obtained a loan from that they are mere lessors; on the contrary, they are the lawful secure the loan Araceli obtained from Claudio and it was levied
Claudio D. Acero, Jr. (Claudio) in the amount of ₱100,000.00, owners of the subject property and, thus cannot be evicted upon as payment therefor.
which was secured by a mortgage over the subject property. As therefrom.
payment, Araceli issued a check drawn against China Banking The petitioners sought reconsideration of the RTC’s September 3,
Corporation payable to Claudio. On July 22, 1999, the MTC rendered a Decision, 6 giving due 2002 Decision but this was denied in a Resolution 12 dated January
course to Spouses Acero’s complaint and ordering the petitioners 14, 2003.
When the check was presented for payment, it was dishonored as and Juanito to vacate the subject property. Finding merit in
the account from which it was drawn had already been closed. The Spouses Acero’s claims, the MTC dismissed the petitioners' claim On appeal, the CA affirmed the RTC’s disposition in its
petitioners failed to heed Claudio’s subsequent demand for of ownership over the subject property. According to the MTC, Decision13 dated June 6, 2008. The CA ratiocinated that the
payment. title to the subject property belongs to Claudio as shown by TCT exemption of a family home from execution, attachment or forced
No. T221755 (M). sale under Article 153 of the Family Code is not automatic and
Thus, on April 26, 1990, Claudio filed with the Prosecutor's Office should accordingly be raised and proved to the Sheriff prior to the
of Malolos, Bulacan a complaint for violation of Batas Pambansa The MTC also stated that from the time a Torrens title over the execution, forced sale or attachment. The appellate court noted that
Blg. 22 (B.P. 22) against the petitioners. After preliminary subject property was issued in Claudio’s name up to the time the at no time did the petitioners raise the supposed exemption of the
investigation, an information for violation of B.P. 22 was filed complaint for ejectment was filed, the petitioners never assailed the subject property from execution on account of the same being a
against the petitioners with the Regional Trial Court (RTC) of validity of the levy made by Sheriff Samonte, the regularity of the family home.
Malolos, Bulacan. public sale that was conducted thereafter and the legitimacy of
Claudio’s Torrens title that was resultantly issued. The petitioners then sought reconsideration of the said June 6,
On October 21, 1992, the RTC rendered a Decision 3 acquitting the 2008 Decision but the same was denied by the CA in its
petitioners but ordering them to pay Claudio the amount of The petitioners appealed the MTC’s July 22, 1999 Decision to the Resolution14 dated October 23, 2008.
₱100,000.00 with legal interest from date of demand until fully RTC. This appeal was, however, dismissed in a Decision dated
paid. November 22, 1999 due to the petitioners’ failure to submit their Aggrieved, the petitioners filed the instant petition for review,
Memorandum. The petitioners sought reconsideration of the said praying for the cancellation of TCT No. T221755 (M). They insist
On March 15, 1993, a writ of execution was issued and Sheriff decision but the same was denied in an Order dated January 31, that the execution sale that was conducted is a nullity considering
Felixberto L. Samonte (Sheriff Samonte) levied upon the subject 2000. that the subject property is a family home. The petitioners assert
property. On March 9, 1994, the subject property was sold on that, contrary to the disposition of the CA, a prior demonstration
public auction; Claudio was the highest bidder and the Consequently, the petitioners filed a petition for review7 with the that the subject property is a family home is not required before it
corresponding certificate of sale was issued to him. CA assailing the RTC’s November 22, 1999 Decision and January can be exempted from execution.
31, 2000 Order. In a December 21, 2006 Decision, 8 the CA denied
Sometime in February 1995, Claudio leased the subject property to the petitioner’s petition for review. This became final on July 25, In their Comment,15 Spouses Acero claimed that this petition ought
the petitioners and a certain Juanito Oliva (Juanito) for a monthly 2007.9 to be denied on the ground of forumshopping as the issues raised
rent of ₱5,500.00. However, the petitioners and Juanito defaulted had already been determined by the MTC in its July 22, 1999
in the payment of the rent and as of October 3, 1998, their total In the interregnum, on October 29, 1999, the petitioners filed Decision on the complaint for ejectment filed by them, which had
accountabilities to Claudio amounted to ₱170,500.00. against the respondents a complaint10 to nullify TCT No. T221755 already become final and executory following the petitioner’s
204
failure to appeal the CA’s December 21, 2006 Decision affirming determining who among the parties therein has a better right of Corollarily, the incidental issue of whether a pending action for
it. possession over the subject property. annulment would abate an ejectment suit must be resolved in the
negative.
Issues Accordingly, a judgment rendered in an ejectment case is not a bar
to action between the same parties respecting title to the land or A pending action involving ownership of the same property does
The threshold issues for resolution are the following: (a) whether building. Neither shall it be conclusive as to the facts therein. This not bar the filing or consideration of an ejectment suit, nor suspend
the petitioners are guilty of forumshopping; and (b) whether the issue is far from being novel and there is no reason to depart from the proceedings. This is so because an ejectment case is simply
lower courts erred in refusing to cancel Claudio’s Torrens title this Court’s previous pronouncements. In Malabanan v. Rural designed to summarily restore physical possession of a piece of
TCT No. T221755 (M) over the subject property. Bank of Cabuyao, Inc.,18 this Court had previously clarified that a land or building to one who has been illegally or forcibly deprived
decision in an ejectment case is not res judicata in an annulment of thereof, without prejudice to the settlement of the parties' opposing
title case and viceversa given the provisional and inconclusive claims of juridical possession in appropriate
The Court’s Ruling proceedings.19 (citations omitted)
nature of the determination of the issue of ownership in the former.
First Issue: ForumShopping
Indeed, the family home is a sacred symbol of family love and is
WHEREFORE, in consideration of the foregoing disquisitions,
the repository of cherished memories that last during one’s
the petition is DENIED. The assailed Decision dated June 6, 2008
lifetime.29 It is likewise without dispute that the family home, from
of the Court of Appeals in CAG.R. CV No. 79391, which
the time of its constitution and so long as any of its beneficiaries
affirmed the Decision of the Regional Trial Court of Malolos,
actually resides therein, is generally exempt from execution, forced
Bulacan, Branch 22, in Civil Case No. 1058M99 and dismissed
sale or attachment.30
the complaint for declaration of nullity of TCT No. 221755 (M)
and other documents, and the October 23, 2008 Resolution
The family home is a real right, which is gratuitous, inalienable denying reconsideration, are AFFIRMED.
and free from attachment. It cannot be seized by creditors except in
certain special cases.31 However, this right can be waived or be
SO ORDERED.
barred by laches by the failure to set up and prove the status of the
property as a family home at the time of the levy or a reasonable
time thereafter. BIENVENIDO L. REYES
Associate Justice
In this case, it is undisputed that the petitioners allowed a
considerable time to lapse before claiming that the subject property
is a family home and its exemption from execution and forced sale
under the Family Code. The petitioners allowed the subject
property to be levied upon and the public sale to proceed. One (1)
year lapsed from the time the subject property was sold until a
Final Deed of Sale was issued to Claudio and, later, Araceli’s
Torrens title was cancelled and a new one issued under Claudio’s
name, still, the petitioner remained silent. In fact, it was only after
the respondents filed a complaint for unlawful detainer, or
approximately four (4) years from the time of the auction sale, that
the petitioners claimed that the subject property is a family home,
thus, exempt from execution.
207
208
Republic of the Philippines Consequently, on July 6, 1998, a Motion for Substitution 4 was filed Annulment of Judgment. The CA refused to give credence to the
SUPREME COURT by the decedent's wife, Felisa, and their children Flordeliza Sagun, contention that the Heirs of Nivera are at fault for failing to
Manila Reynaldo Lastimosa, Recto Lastimosa (Recto), Rizalina Ramirez implead Felicitas as a party defendant in the action for recovery of
(Rizalina), Lily Lastimosa, and Avelino Lastimosa (Heirs ownership. Rather, the failure to include Felicitas in the
SECOND DIVISION
ofLastimosa). proceedings was due to the fault of the Heirs of Lastimosa, who
neglected to include her (Felicitas) in their Motion to Substitute.
G.R. No. 213972 February 5, 2018 On March 16, 2004, the RTC Branch 55 rendered a The CA further ratiocinated that since the RTC acquired
Decision,5 declaring the Heirs ofNivera as the absolute owners of jurisdiction over the person of the original defendants Romualdo
FELICITAS L. SALAZAR, Petitioner the parcels ofland in question, and thereby ordering the Heirs of and Felisa, the outcome of the case is binding on all their heirs or
vs. Lastimosa to vacate the lands and to surrender possession thereof. any such persons claiming rights under them.10
REMEDIOS FELIAS, on her own behalf and representation of The dispositive portion of the decision of the RTC Branch 55,
the other HEIRS OF CATALINO NIVERA, Respondents reads: On June 3, 2009, this Court affirmed the CA decision in the
Petition for Annulment of Judgment.11 The Court's ruling became
WHEREFORE, this Honorable Court renders judgment: final, as per Entry of Judgment, on October 5, 2009.
D E C I S I O N
a. Declaring the [Heirs of Nivera] absolute owners of the parcels of Meanwhile, the Heirs of Lastimosa filed with the R TC Branch 55
REYES, J.:
land in question as described in the Amended Complaint, and an Urgent Motion to Order the Sheriff to Desist from Making
ordering the [Heirs of Lastimosa] to surrender possession thereof Demolition dated April 24, 2010. The Motion to Desist was
The movant's claim that his/her property is exempt from execution and vacate the same; premised on the fact that the Sheriff cannot execute the lower
for being the family home is not a magic wand that will freeze the court's decision considering that Felicitas had an aliquot share over
court's hand and forestall the execution of a final and executory the property, which had not yet been partitioned.12
b. Ordering the [Heirs of Lastimosa], jointly and severally, to pay
ruling. It is imperative that the claim for exemption must be set up
the [Heirs of Nivera] actual damages in the amount of Php
and proven. At about the same time, the Heirs of Nivera filed a Motion for
270,000.00 for 1975 to 1995, and Php 10,000.00 annually from
1996 and through all the subsequent years until actual possession Execution and Demolition dated May 28, 2010. The Motion for
This treats of the petition for review on certiorari1 under Rule 45 shall have been restored to the [Heirs of Nivera]; attorney's fees Execution was anchored on the fact that the Decision dated March
of the Revised Rules of Court seeking the reversal of the and litigation expenses in the amount of Php 21,000.00; and costs. 16, 2004, in the case for recovery of ownership, possession and
Decision2 dated December 6, 2013, and Resolution 3 dated August damages had long attained finality.13
7, 2014, rendered by the Court of Appeals (CA) in CAG.R. CV
SO ORDERED.6
No. 97309, which affirmed the execution of the final and executory On July 9, 2010, the RTC Branch 55 issued an Order granting the
judgment issued by the Regional Trial Court, Branch 55, Motion for Execution and Demolition, and denying the Motion to
Alaminos, Pangasinan (RTC Branch 55). The Heirs of Lastimosa did not file an appeal against the trial
Desist.14 The dispositive portion of the order reads:
court's ruling.
The Antecedent Facts After going over the allegations in both motions, the Court
Meanwhile, Felicitas Salazar (Felicitas), daughter of Romualdo,
resolves to deny the motion, to order the Sheriff to desist from
along with Recto and Rizalina filed a Petition for Annulment of
On February 28, 1990, private respondent Remedios Felias, making demolition filed by the defendants through counsel, it
Judgment dated June 22, 2006 with the CA. Felicitas sought the
representing the heirs of Catalino Nivera (Heirs of Nivera) filed a appearing that the grounds raised in the said motion are already
nullification of the RTC Branch 55's Decision dated March 16,
Complaint for Recovery of Ownership, Possession and Damages mooted by the subsequent filing of the motion for execution and
2004, and the corresponding Writs of Execution and Demolition
against the Spouses Romualdo Lastimosa (Romualdo) and Felisa demolition filed by plaintiff through counsel.
issued pursuant thereto.7 In her Petition for Annulment of
Lastimosa (Felisa). The former sought to recover from the latter
Judgment, Felicitas claimed that she was deprived of due process
four parcels of land located in Baruan, Agno, Pangasinan (subject The motion for execution and demolition is hereby granted.
when she was not impleaded in the case for Recovery of
property).
Ownership, before the RTC Branch 55.8
Accordingly, let [a] Writ of Execution and Demolition issue to
On March 3, 1997, during the trial of the case, Romualdo died. satisfy judgement rendered in this case.
On June 5, 2008, the Former Tenth Division of the CA rendered a
Decision,9 in CAG.R. SP No. 95592, dismissing the Petition for
209
SO ORDERED.15 sought to be demolished is her family home. In this regard, Article execution has been improvidently issued, or that it is defective in
155 of the Family Code ordains that the family home shall be substance, or issued against the wrong party, or that the judgment
Dissatisfied with the ruling, the Heirs of Lastimosa16 filed an exempt from execution.24 debt has been paid or otherwise satisfied, or the writ was issued
appeal before the CA, questioning the Writ of Execution and without authority."31
Demolition issued by the lower court. On the other hand, the Heirs of Nivera counter that the petition for
review on certiorari is nothing but a dilatory tactic employed by In the case at bar, there is no dispute that in as early as March 16,
On December 6, 2013, the Fifteenth Division of the CA rendered Felicitas to overthrow and delay the execution of the judgment 2004, the RTC Branch 55 of Alaminos, Pangasinan rendered a
the assailed Decision17 dismissing the appeal on the following rendered in as early as March 16, 2004. 25 The Heirs of Nivera Decision in the case for Recovery of Ownership, Possession and
grounds, to wit: (i) the Heirs of Lastimosa availed of the wrong maintain that Felicitas' claim that she was deprived of her property Damages, ordering the Heirs of Lastimosa to vacate the subject
remedy by filing an appeal, instead of a petition as an heir without due process of law has already been settled with properties and surrender them to the Heirs of Nivera. There is no
for certiorari under Rule 65; (ii) the matter pertaining to the non finality in the Petition for Annulment of Judgement, which was dispute that this ruling of the RTC had become final and executory.
inclusion of Felicitas is already barred by res judicata, as it has dismissed by the CA, and this Court.26 Likewise, anent the claim Pursuant thereto, the lower court issued a Writ of Execution and
been settled with finality in CAG.R. SP No. 95592, and affirmed that the subject property is exempt from execution, the Heirs of Demolition.
by the Supreme Court in G.R. No. 185056; and (iii) the execution Nivera aver that Felicitas failed to present an iota of evidence to
of the decision rendered by the RTC Branch 55 is proper prove her claim. On the contrary, Felicitas herself admitted in her This notwithstanding, Felicitas seeks to prevent the execution of
considering that case has long attained finality. The dispositive pleadings that she does not reside in the subject property in the same order, arguing that the writ was issued against the wrong
portion of the assailed CA decision reads: Alaminos, but actually lives in Muñoz, Nueva Ecija. 27 Moreover, party; and that the property sought to be executed is exempt from
the subject property belonged to the Heirs of Nivera in as early as execution.
the 1950s, thereby negating Felicitas' claim that it is her family
ACCORDINGLY, the appeal is DENIED. The assailed Order
home.28
dated April 6, 2011 is AFFIRMED.18 The Court is not persuaded.
Ruling of the Court
Felicitas filed a Motion for Reconsideration against the same It must be noted at the outset that the matter of whether Felicitas
Decision, which was denied by the CA in its Resolution 19 dated was deprived of due process of law for not having been impleaded
August 7, 2014. The petition is bereft of merit. in the case for recovery of ownership and possession has long been
settled with finality.
Undeterred, Felicitas filed the instant petition for review Nothing is more settled than the rule that a judgment that is final
on certiorari20 under Rule 45 of the Revised Rules of Court and executory is immutable and unalterable. It may no longer be In the decision of the CA in the case for Petition for Annulment of
seeking the reversal of the assailed CA decision and resolution. modified in any respect, except when the judgment is void, or to Judgment (CAG.R. SP No. 95592),32 the Former Tenth Division
correct clerical errors or to make nunc pro tune entries. In the same of the CA squarely and judiciously passed upon the issue of
vein, the decision that has attained finality becomes the law of the whether the. judgment of the lower court in the action for recovery
The Issue
case, regardless of any claim that it is erroneous. Any amendment of ownership and possession was void for failure to implead
or alteration which substantially affects a final and executory Felicitas. The CA held that:
The main issue for this Court's resolution rests on whether the CA judgment is null and void for lack of jurisdiction, including the
erred in ordering the execution of the Decision dated March 16, entire proceedings held for that purpose. 29 Accordingly, the court Finally, the intimation of the petitioners that private respondent is
2004. cannot refuse to issue a writ of execution upon a final and at fault for failing to implead [Felicitas] as party defendant in this
executory judgment, or quash it, or stay its implementation.30 case is patently without basis. It must be recalled that the lower
In seeking the reversal of the assailed decision, Felicitas claims court acquired jurisdiction over the person of the original
that the Writ of Execution and Demolition issued by the RTC Concomitantly, neither may the parties object to the execution by defendants Romualdo and Feliza Lastimosa. Hence, the outcome
Branch 55 was executed against the wrong party.21 She points out raising new issues of fact or law. The only exceptions thereto are of this case is binding on all the heirs or persons claiming rights
that she was not impleaded in the case for recovery of ownership when: "(i) the writ of execution varies the judgment; (ii) there has under the said defendants. When [Romualdo] died on March 3,
and possession, and thus the decision cannot bind her. 22 Felicitas been a change in the situation of the parties making execution 1997, the defendants filed an Urgent Motion to Substitute Other
argues that she was deprived of her property as an heir without due inequitable or unjust; (iii) execution is sought to be enforced Heirs of the said defendant listing the names of the heirs to be
process, as she was left out of the proceedings, "completely unable against property exempt from execution; (iv) it appears that the substituted. It is therefore crystal clear that if [Felicitas] was not
to protect her rights."23 In addition, Felicitas contends that the controversy has been submitted to the judgment of the court; (v) impleaded in this case as party defendant being the daughter of
execution cannot continue as the Writ of Execution is being the terms of the judgment are not clear enough and there remains [Romualdo], that omission could not be attributed to the private
enforced against property that is exempt from execution, as what is room for interpretation thereof; or (vi) it appears that the writ of
210
respondent but the defendants themselves.33 (Underscoring in the where they and their family actually reside and the lot on which it Undoubtedly, Felicitas' argument that the property subject of the
original) is situated. The family home must be part of the properties of the writ of execution is a family home, is an unsubstantiated allegation
absolute community or the conjugal partnership, or of the that cannot defeat the binding nature of a final and executory
This ruling of the CA was affirmed by this Court in the Resolution exclusive properties of either spouse with the latter's consent, or on judgment. Thus, the Writ of Execution and Demolition issued by
dated June 3, 2009, and attained finality as per Entry of Judgment. the property of the unmarried head of the family. The actual value the RTC Branch 55 must perforce be given effect.
Markedly, it is crystal clear that the issues pertaining to Felicitas' of the family home shall not exceed, at the time of its constitution,
noninclusion in the proceedings, and the consequent validity of the amount of ₱300,000 in urban areas and ₱200,000 in rural In fine, an effective and efficient administration of justice requires
the lower court's judgment have long attained finality. It bears areas.39 that once a judgment has become final, the winning party should
reiterating that a judgment that is final and executory cannot be not be deprived of the fruits of the verdict. The case at bar reveals
altered, even by the highest court of the land. This final judgment In addition, residence in the family home must be actual. The law the attempt of the losing party to thwart the execution of a final
has become the law of the case, which is now immutable. explicitly mandates that the occupancy of the family home, either and executory judgment, rendered by the court thirteen (13) long
by the owner thereof, or by any of its beneficiaries must be actual. years ago. The Court cannot sanction such vain and obstinate
Additionally, as an heir of the original defendants in the action for This occupancy must be real, or actually existing, as opposed to attempts to forestall the execution of a final ruling. It is high time
recovery of ownership, Felicitas is bound by the decision rendered something merely possible, or that which is merely presumptive or that the case be settled with finality and the ruling of the RTC
against her predecessorsininterest. Thus, there is nothing that constructive.40 Branch 55 be given full force and effect.
exempts her from the enforcement of the Writ of Execution.
Guided by the foregoing jurisprudential tenets, it becomes all too
In another attempt to thwart the execution of the RTC's final and apparent that Felicitas cannot conveniently claim that the subject
executory judgment, Felicitas claims that the execution cannot property is her family home, sans sufficient evidence proving her
proceed, as the subject property is her family home and is therefore allegation.1âшphi1 It bears emphasis that it is imperative that her
claim must be backed with evidence showing that the home was WHEREFORE, premises considered, the instant petition
exempt from execution.
indeed (i) duly constituted as a family home, (ii) constituted jointly is DENIED for lack of merit. Accordingly, the Decision dated
by the husband and wife or by an unmarried head of a family, (iii) December 6, 2013 and Resolution dated August 7, 2014, rendered
Indeed, the family home is a real right which is gratuitous,
resided in by the family (or any of the family home's by the Court of Appeals in CAG.R. CV No. 97309
inalienable and free from attachment, constituted over the dwelling
beneficiaries), (iv) forms part of the properties of the absolute are AFFIRMED in toto.
place and the land on which it is situated. It confers upon a
community or the conjugal partnership, or of the exclusive
particular family the right to enjoy such properties.34 It cannot be
properties of either spouse with the latter's consent, or property of SO ORDERED.
seized by creditors except in certain special cases.35
the unmarried head of the family, and (v) has an actual value of
Php 300,000.00 in urban areas, and Php 200,000.00 in rural areas.
However, the claim that the property is exempt from execution for ANDRES B. REYES, JR.
being the movant's family home is not a magic wand that will Associate Justice
A perusal of the petition, however, shows that aside from her bare
freeze the court's hand and forestall the execution of a final and
allegation, Felicitas adduced no proof to substantiate her claim that
executory ruling. It must be noted that it is not sufficient for the
the property sought to be executed is indeed her family home.
claimant to merely allege that such property is a family home.
Whether the claim is premised under the Old Civil Code or the
Family Code, the claim for exemption must be set up and proved.36 Interestingly, Felicitas admitted in her Motion for Reconsideration
dated December 23, 2013, and her Petition for Annulment of
Judgment dated June 22, 2006, that she is, and has always been a
In fact, in Ramos, et al. v. Pangilinan, et al.,37 the Court,
resident of Muñoz, Nueva Ecija.41 Similarly, the address indicated
citmg Spouses Kelley, Jr. v. Planters Products, Inc., et al.,38 laid
in Felicitas' petition for review on certiorari is Muñoz, Nueva
down the rules relative to the levy on execution of the family
Ecija.42
home, viz.: