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  • Villanueva V CA (2004)

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    Allen Windel Bernabe
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    The heirs of Eusebia Retuya claimed that properties acquired during her marriage to Nicolas Retuya were part of the conjugal partnership and should be returned to the estate. The Court of Appeals upheld the trial court's ruling in favor of Eusebia's heirs. Nicolas Retuya petitioned the Supreme Court, arguing the properties were not part of the conjugal estate. The Supreme Court denied the petition, finding that under the Family Code, properties acquired during marriage are presumed to be conjugal, and Nicolas failed to rebut this presumption.

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    Villanueva v CA (2004)

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    The heirs of Eusebia Retuya claimed that properties acquired during her marriage to Nicolas Retuya were part of the conjugal partnership and should be returned to the estate. The Court of Appeals upheld the trial court's ruling in favor of Eusebia's heirs. Nicolas Retuya petitioned the Supreme Court, arguing the properties were not part of the conjugal estate. The Supreme Court denied the petition, finding that under the Family Code, properties acquired during marriage are presumed to be conjugal, and Nicolas failed to rebut this presumption.

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    40 views1 page

    Villanueva V CA (2004)

    Uploaded by

    Allen Windel Bernabe
    The heirs of Eusebia Retuya claimed that properties acquired during her marriage to Nicolas Retuya were part of the conjugal partnership and should be returned to the estate. The Court of Appeals upheld the trial court's ruling in favor of Eusebia's heirs. Nicolas Retuya petitioned the Supreme Court, arguing the properties were not part of the conjugal estate. The Supreme Court denied the petition, finding that under the Family Code, properties acquired during marriage are presumed to be conjugal, and Nicolas failed to rebut this presumption.

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    PROCOPIO VILLANUEVA, NICOLAS - Eusebia died, and was then

    RETUYA, PACITA VILLANUEVA, substituted by her heirs.


    petitioners - CA upheld trial court’s decision
    v - Hence, the petition.
    COURT OF APPEALS, THE HEIRS OF
    EUSEBIA NAPISA RETUYA, respondents ISSUES:
    - W/N the subject properties acquired
    during the marriage between
    FACTS: Eusebia and Procopio are conjugal.
    - Eusebia and Nicolas Retuya were
    married in 1926 and they begot five RULING:
    (5) children, namely, Natividad, - The Court rules in the affirmative.
    Angela, Napoleon, Salome, and
    Roberta. - The Family Code provisions on
    - During their marriage they acquired conjugal partnerships govern the
    real properties and improvements. property relations between Nicolas
    and Eusebia even if they were
    - In 1945, defendant Nicolas Retuya married before the effectivity of the
    no longer lived with his legitimate Family Code, in pursuant to Article
    family and cohabited with 105 of the said code.
    defendant, Pacita Villanueva, - Thus, if the properties are acquired
    wherein defendant, Procopio during the marriage, the
    Villanueva, is their illegitimate son. presumption is they are conjugal.
    - Nicolas, then, was the only person - The burden of proof is on the party
    who received the income of the claiming that they are not conjugal.
    above-mentioned properties.
    - Pacita, from the time she started - Petitioners admit that Lot No. 152
    living in with Nicolas, has no was purchased in 1957, which is
    occupation, and had no properties of clearly during the marriage of
    her own from which she could derive Nicolas and Eusebia.
    income. - Since the subject properties were
    acquired during the marriage of
    - In 1985, Nicolas suffered a stroke Nicolas and Eusebia, the
    and became disabled. presumption under Article 116 of the
    - From 1985, Procopio has been Family Code is that all these are
    receiving the income of the conjugal properties of Nicolas and
    properties. Eusebia.

    - On 13 October 1988, Eusebia sought - WHEREFORE, we DENY the


    the reconveyance from Nicolas and petition.
    Pacita of several properties, claiming
    that such are her conjugal properties
    with Nicolas.
    - Trial court ruled in favor of Eusebia
    Natuya. Petitioners appealed.

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