Tarrosa v.

De Leon
G.R. 185063
July 23, 2009

Facts:

On July 20, 1965, Bonifacio De Leon, then single, entered into a Conditional Contract to
Sell for the purchase on installment of a lot situated in Quezon City. On April 24, 1968, Bonifacio
married Anita de Leon. On June 22, 1970, PHHC executed a Final Deed of Sale in favor of Bonifacio
upon full payment of the price of the lot. TCT was issued on February 24, 1972 in the name of
Bonifacio, “single.” On January 12, 1974, Bonifacio sold the lot to his sister, Lita, and her husband,
Felix Tarrosa. The Deed of Sale did not bear the written consent and signature of Anita. On
February 29, 1996, Bonifacio died.

3 months later, Tarrosa spouses registered the Deed of Sale. Anita De Leon filed a
reconveyance suit alleging that Bonifacio was still the owner of the lands. Tarrosa spouses
averred that the lot Bonifacio sold to them was his exclusive property because he was still single
when he acquired it from PHHC.

The RTC ruled in favor of Anita De Leon et al stating that the lot in question was the
conjugal property of Bonifacio and Anita. The CA affirmed the decision of the RTC.

Issue:

Whether or not the subject property is part of the conjugal partnership.

Held:

Yes, subject property is part of the conjugal partnership. Evidently, title to the property in
question only passed to Bonifacio after he had fully paid the purchase price on June 22, 1970.
This full payment, to stress, was made more than two (2) years after his marriage to Anita on
April 24, 1968. In net effect, the property was acquired during the existence of the marriage; as
such, ownership to the property is, by law, presumed to belong to the conjugal partnership.