CASE TITLE: JUAN SEVILLA SALAS, JR. vs.

EDEN VILLENA AGUILA

GR # & DATE: G.R. No. 202370, September 23, 2013
TOPIC: CO-OWNERSHIP- Co-ownership v partnership

FACTS:
On September 7 1985, Juan Sevilla Salas Jr. and Eden Villena
Aguila were married. Aguila gave birth to their daughter on June
7 1986. Five months later, Salas left their conjugal dwelling.
Since then, he no longer communicated with Aguila or their
child.
On October 7, 2003, Aguila filed a Petition for Declaration of
Nullity of Marriage citing psychological incapacity under
Article 36 of the Family Code. The petition states that they
“have no conjugal properties whatsoever”.
On May 7, 2007, RTC nullify their marriage and further
provides the dissolution of their conjugal property, if any.
On September 10, 2007, Aguila filed a manifestation and motion
stating that she discovered 3 properties registered to Juan S.
Salas, married to Rubina C. Salas.
However, Salas alleged that Aguila waived her rights to the
Discovered Properties in consideration of other properties
waived by Salas in favour of Aguila. Thus, he contends that
conjugal properties were deemed partitioned.
RTC directed Salas and Aguila to partition by proper
instruments of conveyance the discovered properties. CA
affirmed the decision of the RTC.
ISSUE: Whether or not the discovered properties are acquired during the
marriage of Salas and Aguila, thus a conjugal property and subject for
partition between them.

HELD: YES
Aguila proved that the Discovered Properties were acquired by
Salas during the validity of their marriage.
The phrase “married to” in the title is merely descriptive of the
civil status of the registered owner, Salas.
Article 147 of the Family Code applies to the union of parties
who are legally capacitated and not barred by any impediment to
contract marriage, but whose marriage is declared void under
Article 36 of the Family Code. Under this property regime,
property acquired during marriage is prima facie presumed to
have been obtained through the couple’s joint efforts and
governed by the rules of co-ownership.
Thus, the Discovered Properties should be partitioned on the
basis of co-ownership.