220 Noveras v Noveras GR No 188289

Judicial separation of property, FC 134-138

Facts:
1. David and Leticia Noveras are US citizens who own
properties in the USA and in the PH.
2. Leticia states that sometime in 2003, David
abandoned his family to live with his mistress.
Further, she states that David executed an affidavit
where he renounced all his rights and interest in the
conjugal and real properties in the Philippines.
3. After learning of the extra-marital affair, Leticia filed
a petition for divorce in California. Upon issuance of
the judicial decree of divorce, the US properties
were awarded to Leticia.
4. Leticia then filed a petition for judicial separation of
conjugal property before the RTC of Baler, Aurora.
5. The RTC regarded the petition for judicial
separation of conjugal property as a petition for
liquidation of property since the spouses’ marriage
has already been dissolved. It classified their
property relation as ACP because they did not
execute a marriage settlement before their
marriage ceremony.
ISSUE: WON petition for judicial separation of absolute
community be granted?
HELD: YES
1. The records of this case are replete with evidence
that Leticia and David had indeed separated for
more than a year and that reconciliation is highly
improbable.
2. First, while actual abandonment had not been
proven, it is undisputed that the spouses had been
living separately since 2003 when David decided to
go back to the Philippines to set up his own
business.
3. Second, Leticia heard from her friends that David
has been cohabiting with Estrellita Martinez, who
represented herself as Estrellita Noveras. Editha
Apolonio, who worked in the hospital where David
was once confined, testified that she saw the name
of Estrellita listed as the wife of David in the
Consent for Operation form.
4. Third and more significantly, they had filed for
divorce and it was granted by the California court in
June 2005.
5. The grant of the judicial separation of the absolute
community property automatically dissolves the
absolute community regime, as stated in the 4th
paragraph of Article 99 of the Family Code, thus:
Art. 99. The absolute community terminates: (4) In
case of judicial separation of property during the
marriage under Articles 134 to 138.