FACTS:
Sofronio Acre, Jr. Married Evangeline Yuttikki while his
prior marriage with Beatriz Acre was still subsisting. Sofronio and Evangeline
acquired properties where one parcel of land was registered in the name of
Evangeline Yuttikki, married to Sofronio Acre Jr. The other parcel of land was
registered in the name of Evangeline Yuttiki, married to Sofronio Acre, and Nellie
Y. Del Mar, married to Jose del Mar.
Sofronio died after more than 24 years of union with
Evangeline.
The Acres filed a complaint for reconveyance and recovery of
properties and/or partition with damages. They alleged that Sofronio alone
acquired the subject properties with his fund.
The trial court dismissed the complaint. The CA affirmed the
decision of the trial court.
ISSUE:
Whether or not Evangeline is the owner of the contested
properties.
RULING:
Yes. Evangeline is the exclusive owner of the contested properties.
Yes. Evangeline is the exclusive owner of the contested properties.
The property regime of Evangeline and Sofronio falls under
the Article 148 of the Family Code, considering that their marriage is bigamous.
Under Art 148, properties acquired by the parties through their actual joint
contribution shall be governed by the rules on co-ownership. If there is no contribution from
either or both of the spouses, there can be no co-ownership.
The Acres failed to present any evidence to establish that
Sofronio made an actual contribution in acquiring the contested
properties. Clearly, co-ownership does
not exist here.
The certificate of title on its face show that the one
property were exclusively owned by Evangeline, and the other was co-owned by
her with her sister. The rule is well-settled that the words "married to"
preceding Sofronio Acre, Jr are merely descriptive of the civil status of
Evangeline.
