FACTS:
After two years of living together, Francisco and Erminda
got married in 1979. Four children were born from this union. During the time
they lived together, they acquired properties, and Erlinda managed their pizza
business.
In 1992, She prays for the declaration of the nullity of
their marriage based on Mario's alleged psychological incapacity, and for the
dissolution of the conjugal partnership of gains. During the time they lived
together, they acquired properties. She
managed their pizza business and worked hard for its development. Mario denied
she was the one who managed the pizza business and claimed that he exclusively
owns the properties "existing during their marriage."
In 1997 the trial court rendered its decision, rendered its
judgment and ordered the dissolution of the conjugal partnership of gains and
divide the conjugal properties between Francisco and Erminda. Not satisfied with the manner their properties were divided,
Francisco appealed to the CA, which in turn affirmed the trial court decision.
ISSUE:
Whether or not Fransisco exclusively own the properties
existing during their marriage.
RULING:
No. SC held that the Francisco and Erminda are co-owners of
the properties in question. The marriage of Fransisco and Erminda is declared
void ab initio by the trial court which was later affirmed by the CA. Consequently,
their properties shall be governed by the provisions of Article 147 of the
Family Code.
These provisions enumerate the two instances when the
property relations between spouses shall be governed by the rules on co-ownership.
These are: (1) when a man and woman capacitated to marry each other live
exclusively with each other as husband and wife without the benefit of
marriage; and (2) when a man and woman live together under a void
marriage.
Under this property regime of co-ownership, properties
acquired by both parties during 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.
