Professional Documents
Culture Documents
GR No. 74577
192 SCRA 21
Dcember 4, 1990
FACTS:
Dorothea and Teodoro Aranas borrowed P18,000 from private respondent Jesus
Bernas, mortgaging as collateral their father Modesto’s property, Lot 13-C. In the loan agreement
between them on Oct. 30, 1975, the Aranas described themselves as the absolute co-owners. When
Dorothea and Teodoro failed to pay the loan, Bernas caused the extrajudicial foreclosure of the mortgage
in 1977 and acquired the land as the highest bidder. After the foreclosure sale, the Aranases executed a
deed of extrajudicial partition in 1978, in which they adjudicated the same lot 13-C unto themselves in
equal share pro-indiviso. Bernas then consolidated his ownership over the lot when the mortgagors
failed to redeem it withn the reglementary period, and had the title in the name of Modesto cancelled and
another TCT issued in his name.
Upon appeal, the Intermediate Appellate Court (IAC) affirmed the lower court’s
decision in toto.
ISSUE: Whether or not Villanueva had a right over Lot 13-C and the improvements thereon made by
Victoria rendered the lot as conjugal property.
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HELD:
Lot 13-C was not a conjugal partnership property of Victoria and Modesto. It was
Modesto’s exclusive, private property, which he inherited from his parents. Moreover, since Victoria died
ahead of Modesto, Victoria did not inherit said lot from him and therefore had nothing of Lot 13-C to
bequeath by will of otherwise to Consolacion.
Article 158 of the Civil Code says that improvements, whether for utility or adornment
made on the separate property of the spouses through advancements from the partnership or through the
industry of either spouse belong to the conjugal partnership, and buildings constructed at the expense of
the partnership during the marriage on land belonging to one of the spouses also pertain to the
partnership, but the value of the land shall be reimbursed to the spouse who owns the same.