ERLINDA A. AGAPAY, Petitioner, v. CARLINA (CORNELIA) V. PALANG and HERMINIA P.

DELA CRUZ,
Respondents. [G.R. No. 116668. July 28, 1997]

Facts:

Miguel Palang married Calina Vellesterol with whom he had 1 child. He then contracted his second marriage
with Erlinda Agapay, with whom he had a son. The couple purchased a parcel of agricultural land and the
transfer certificate was issued in their names. She also purchased a house and lot in Binalonan, where the
property was later issued in her name. Miguel and Carlina executed a Deed of Donation, wherein they agreed
to donate their conjugal property consisting of 6 parcels of land to their only child, Herminia. Carlina filed a
complaint against Miguel and Erlinda for bigamy.

Miguel died, and Carlina and Herminia instituted an action for recovery of ownership and possession with
damages against Erlinda. They sought to get back the riceland and house and lot allegedly bought by Miguel
during his cohabitation with Erlinda. RTC dismissed the complaint and ordered the respondents to provide for
the intestate shares of the parties, particularly of Erlinda's son. CA reversed the trial court's decision.

Issue:
Whether the properties from Miguel's second marriage be granted to Erlinda.

Ruling:

No, the properties such as agricultural land and house and land from Miguel's second marriage cannot be
granted to Erlinda. The sale of the riceland was made in favor of Miguel and Erlinda. The provision of law
applicable here is Article 148 of the Family Code providing for cases of cohabitation when a man and a
woman who are not capacitated to marry each other live exclusively with each other as husband and wife
without the benefit of marriage or under a void marriage. The marriage of Miguel and Erlinda was null and
void because the earlier marriage of Miguel and Carlina was still subsisting and unaffected by the latter's de
facto separation.