G.R. No.

171914, July 23, 2014,

Lavadia vs Heirs of Luna

FACTS:

Atty. Luna, a practicing lawyer up until his death, married Eugenia in 1947. Their marriage begot seven
children which includes Gregorio. The two later on separated and executed an Agreement for Separation
and Property Settlement. On January 2, 1976, Atty. Luna obtained a divorce decree of his marriage with
Eugenia from Dominican Republic and on the same day, he married Soledad Lavadia. After Atty. Lunas
death in 1997, his share in the condominium unit, his law books and furniture were taken over by
Gregorio, his son from the first marriage. The second wife then filed a complaint on the claim that the
properties were acquired by Atty. Luna and her during their marriage.

ISSUE:

Whether or not the contention of Soledad Lavadia is valid?

RULING:

No. The contention of Soledad Lavadia is not considered valid since under Philippine Laws, divorce
decree between Filipinos are not recognized which means that the first marriage between Atty. Luna and
Eugenia was not dissolved which makes her marriage with Atty. Luna as void ab initio. In this case, the
properties acquired is governed by the rules on co-ownership pursuant with Article 144 of the Civil Code.
In order to establish co-ownership, the petitioner must offer proof of her actual contributions in the
acquisition of property. Her mere allegation of co-ownership to which she did not provide sufficient and
competent could not warrant relief in her favor. Thus, the petition is denied. The subject properties were
awarded in favor of the heirs of Atty. Luna from his first marriage.