Buenaventura v CA G.R. Nos. 127358 and G.R. Nos.

127449 March 31, 2005

FACTS: Noel Buenaventura filed a position for the declaration of nullity of marriage on the ground that both he and his wife were psychologically incapacitated. The RTC in its decision, declared the marriage entered into between petitioner and respondent null and violation ordered the liquidation of the assets of the conjugal partnership property; ordered petitioner a regular support in favor of his son in the amount of 15,000 monthly, subject to modification as the necessity arises, and awarded the care and custody of the minor to his mother. Petitioner appealed before the CA. While the appeal was pending, the CA, upon respondents motion issued a resolution increasing the support pendants like to P20, 000. The CA dismissal petitioner appeal for lack of merit and affirmed in to the RTC decision. Petitioner motion for reconsideration was denied, hence this petition.

ISSUE: Whether or not co-ownership is applicable to valid marriage.

HELD: Since the present case does not involve the annulment of a bigamous marriage, the provisions of article 50 in relation to articles 41, 42 and 43 of the Family Code, providing for the dissolution of the absolute community or conjugal partnership of gains, as the case maybe, do not apply. Rather the general rule applies, which is in case a marriage is declared void ab initio, the property regime applicable to be liquidated, partitioned and distributed is that of equal co-ownership. Since the properties ordered to be distributed by the court a quo were found, both by the RTC and the CA, to have been acquired during the union of the parties, the same would be covered by the coownership. No fruits of a separate property of one of the parties appear to have been included or involved in said distribution.