219 LAVADIA v.

HEIRS OF JUAN LUNA

Judicial separation of property; FC 134-138
G.R. No. 171914, July 23, 2014

1. Luna and Eugenia got married in 1947.

2. After 2 decades of marriage, Atty. Luna and Eugenia
Luna agreed to live apart from each other.
3. They entered into an “Agreement from Separation
and Property Settlement”, whereby they agreed to
live separately and to dissolve and liquidate their
conjugal partnership of property.
4. Atty. Luna obtained a divorce decree in Dominican
Republic and eventually married Soledad Lavadia.
5. LUSPICON, (law firm organized by Luna), through
Luna, purchased a condominium unit.
6. After the death of Atty. Luna, his share in the
condominium unit was taken over by Gregorio Luna,
his son of the first marriage.
7. SOLEDAD filed a complaint and alleged that the
condo was acquired during the existence of the
marriage between Atty. LUNA and SOLEDAD.
8. SOLEDAD alleged that she became co-owner of the
said properties because it was acquired through their
joint efforts and since they had no children.

ISSUE: Whether the Agreement for Separation and

Property Settlement executed by Luna and Eugenia was
valid. NO.

 The mere execution of the Agreement by Atty. Luna

and Eugenia did not per se dissolve and liquidate
their conjugal partnership of gains. The approval of
the Agreement by a competent court was still
required under Article 190 and Article 191 of the Civil
Code.
 The husband and the wife may agree upon the
dissolution of the conjugal partnership during the
marriage, subject to judicial approval.
 With the divorce not being itself valid and
enforceable under Philippine law for being contrary
to Philippine public policy and public law, the
approval of the Agreement was not also legally valid
and enforceable under Philippine law. Consequently,
the conjugal partnership of gains of Atty. Luna and
Eugenia subsisted in the lifetime of their marriage.