Case Digest 9
G.R. No. 159521
Francisco L. Gonzales vs. Erminda F. Gonzales
Promulgated
2005
SANDOVAL-GUTIERREZ, J.:
Facts:
Francisco Gonzales and Erminda Gonzales were living as husband and wife and they have blessed 4 children.
Erminda filed a complaint with RTC Makati City; for annulment of marriage alleges that Francisco is psychological incapacitated to comply with the obligations of marriage. During the times they lived together they acquired properties. Erminda managed their pizza business and work hard for its development.
She prays for the declaration of the nullity of their marriage and for the dissolution of the conjugal partnership of gains. But Francisco denied that allegations and claimed that he exclusively owns the properties existing during their marriage.
The court rendered its decision, ordering the dissolution of the conjugal partnership of gains and dividing the conjugal properties between Francisco and Erminda.
Francisco was not satisfied with the manner of dividing their properties, but he did not contest the part of the decision which declared his marriage to respondent woid ab initio, so he appealed to the Court of Appeals, but Court of Appeals affirmed the assailed decision of the trial court. He filed a motion for reconsideration but it was also denied.
Issue: Whether or not, Fransisco exclusively own the properties existing during their marriage.
Holding:
No,
The marriage of Francisco and Erminda is declared null and void consequently; their property relation shall be governed by the provisions of Article 147
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.
Francisco L. Gonzales vs. Erminda F. Gonzales
Promulgated
2005
SANDOVAL-GUTIERREZ, J.:
Facts:
Francisco Gonzales and Erminda Gonzales were living as husband and wife and they have blessed 4 children.
Erminda filed a complaint with RTC Makati City; for annulment of marriage alleges that Francisco is psychological incapacitated to comply with the obligations of marriage. During the times they lived together they acquired properties. Erminda managed their pizza business and work hard for its development.
She prays for the declaration of the nullity of their marriage and for the dissolution of the conjugal partnership of gains. But Francisco denied that allegations and claimed that he exclusively owns the properties existing during their marriage.
The court rendered its decision, ordering the dissolution of the conjugal partnership of gains and dividing the conjugal properties between Francisco and Erminda.
Francisco was not satisfied with the manner of dividing their properties, but he did not contest the part of the decision which declared his marriage to respondent woid ab initio, so he appealed to the Court of Appeals, but Court of Appeals affirmed the assailed decision of the trial court. He filed a motion for reconsideration but it was also denied.
Issue: Whether or not, Fransisco exclusively own the properties existing during their marriage.
Holding:
No,
The marriage of Francisco and Erminda is declared null and void consequently; their property relation shall be governed by the provisions of Article 147
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.
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