228 Dewara v Lamela

GR 179010, April 11, 2011

Topic: Presumption of CPG

FACTS:
1. Eduardo and Elenita were married before
the effectivity of the Family Code.
2. The NCC governed their marital relations.
3. They were separated in fact.
4. While the driving a jeep which was
registered in the name of Elena, a person
was hit
5. MTCC found Eduardo guilty of reckless
imprudence and sentenced him to pay civil
indemnities.
6. The judgment became final and executory
and the sheriff levied the real property
registered to Elenita.

ISSUE:
Whether the subject property is the the paraphernal
property of Elenita. NO

RULING:
 All property of the marriage is presumed to
belong to the conjugal partnership, unless it
can be proved that it pertains exclusively to
the husband or to the wife. Registration in
the name of the husband or the wife alone
does not destroy this presumption. The
separation-in-fact between the husband and
wife without judicial approval shall not
affect the conjugal partnership. The lot
retains its conjugal nature.