UGALDE vs YSASI

Persons – ACP, causes of dissolution, judicial separation of property

Court Supreme Court

Citation G.R. No. 130623
Date February 29, 2008 (after the Family Code)
Petitioner Lorea De Ugalde
Respondent Jon De Ysasi
Ponente J. Carpio
Relevant topic Absolute Community of Property  causes of dissolution  judicial separation of property
Prepared by Soriano, Hilary Holly C.
Action Petition for review assiling the CA decisions which affirmed the RTC decision dismissing the action for dissolution
of conjugal partnership of gains (CGP)

FACTS
Feb 15 1951 Ugalde and Ysasi got married before Municipal Judge Remigio Pena (Hinigaran, Negros Occidental)
Mar 01 1951 Ugalde and Ysasi got married in the San Sebastian Cathedral Bacolod City by Rev. Msgr. Flaviano Arriola. No
ante-nuptial agreement was executed.
April 1957 Ugalde and Ysasi separated
May 26 1964 Ysasi allegedly contracted another marriage with Victoria Eleanor Smith (Smith) before Judge Lucio M. Tanco of
Pasay City.
Petitioner alleges that Ysasi and Smith had been acquiring and disposing of real and personal properties to
Ugalde’s prejudice as the lawful wife. Ugalde alleges that she had been defrauded of rental income, profits
and fruits of their (Ugalde and Ysasi) conjugal properties.
Dec 12 1984 Ugalde filed a petition for dissolution of the CPG before RTC of Negros Occidental.
 Ugalde asked for her share in Ysasi’s inheritance, as per the settlement of the estate of Ysasi’s parents
who died on 17 Nov 1975 and 25 Feb 1979 respectively.
 Ugalde prayed for monthly support of P5,000 to be deducted from her share in the CPG
 Appointment of a receiver during the pendency of the case
 Annulment of all contracts, documents and agreements ratified by Ysasi without her consent
 Payment of appearance and atty’s fees
Respondent’s answer:
 June 2 1961 – Ugalde and Ysasi entered into an agreement which provided that their CPG be deemed
dissolved as of April 15 1957
 They submitted an Amicable Settlement which was approved by the COFI Negros Occidental on June 6,
1961, stipulating the following:
o Ugalde shall pay P30K to cover all money claims she may have against the petitioner
o Upon receipt of the P30K, Ugalde provides quitclaim
 Ugalde obtained a divorce decree from Mexico and subsequently contracted a second marriage with
Richard Galoway (Galoway). After Galoway’s death, Ugalde contracted a third marriage with Frank
Scholey (Scholey).
 Moved for the dismissal of the petition for dissolution of the CPG on grounds of estoppel, laches
and res judicata.
Nov 22 1991 RTC dismissed the petition.
 No valid marriage between Ugalde and Ysasi (absence of a valid marriage license)
 No CPG because no valid marriage
Ugalde appealed with the CA
Nov 21 1996 CA affirmed RTC decision
 No CGP because no valid marriage

ISSUE/HELD
W/N the Ugalde-Ysasi
marriage is void due to the
absence of valid marriage
license? – N/A
W/N the Amicable
Settlement ruling bars
claims by Ugalde by res
judicata? – YES
RATIO
Validity of the marriage is the subject of a different court proceeding.
 Case was an action for dissolution of CGP
 The validity of the marriage was only raised as a defense
 The case touching the validity of the marriage was decided on a different proceeding
CGP was dissolved in the finality of judgment in Civil Case No. 4791 (Amicable Settlement).
 Ugalde-Ysasi were married in Feb 15 1951 – covered by RA 386 Civil Code, not FC
 Art. 175 of the Civil Code provides that the judicial separation of property results in the
termination of the CGP.

RULING
WHEREFORE, we DENY the petition. We AFFIRM the result of the 21 November 1996 decision and of the 2 September 1997 resolution
of the Court of Appeals in CA-G.R. CV No. 41121.
SO ORDERED.