FACTS:
In 1983, after two years of long-distance courtship, Elna
moved in to Bruno's residence and lived with him. During the time they lived
together, they purchased Suite 204, at LCG Condominium on installment. They got
married in 1985.
In 1998, the trial court declared the marriage between Elna
and Bruno void ab initio under Article 36 of the Family Code and ordered the
dissolution of their conjugal properties. The properties were divided into
three: 1/3 for Elna, 1/3 for Bruno and 1/3 for the children. The custody of
children was awarded to Elna, being the innocent spouse. Accordingly, Elna is
directed to transfer ownership of Suite 204 LCG Condominium because it was
declared to have been the exclusive property of Bruno Fehr, acquired prior his
marriage.
Elna filed a motion for reconsideration of said order. The
court held in an order that Art. 147 of the Family Code should apply, being the
marriage void ab initio. However, the court reminded Elna of the previous
agreement in dividing of properties and/or proceeds from the sale thereof
proportionately among them. It also affirmed of the previous ruling regarding
the Suite 204. Elna filed special civil action for certiorari
and prohibition with the Court of Appeals. The CA in its Decision dismissed the
petition for review for lack of merit.
ISSUE:
Whether or not the Suite 204 of LGC Condominium is the
exclusive property of Bruno Fehr.
RULING:
No. SC held that Suite 204 of LCG Condominium is a common
property of Elna and Bruno and the property regime of the parties should be
divided in accordance with the law on co-ownership. Suite 204 was acquired
during the parties’ cohabitation. Accordingly, under Article 147 of the Family
Code, said property should be governed by the rules on co-ownership.
Article 147 applies in this case because (1) Elna and Bruno
are capacitated to marry each other; (2) live exclusively with each other as
husband and wife; and (3) their marriage is void under Article 36. All these elements are
present in the case at bar.
The trial court also erred in its judgment in regards the
settlement of the common properties of Elna and Bruno. The three-way partition
only applies to voidable marriages and to void marriages under Article 40 of
the Family Code.
