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August 3, 2015 | Peralta, J.
Property Relations

DOCTRINE: FC 129 applies to voidable marriages. FC36 declares marriages null and void from the
beginning so FC147 will apply to those marriages.

CASE SUMMARY: V and D had their marriage declared null and void under FC36. They did not reach a
settlement for the partition of their properties. V filed a petition that D should forfeit because of bad
faith and psychological perversity. SC ruled that their property relations is governed by FC147 and not
FC129 because their marriage was declared null and void from the beginning under FC 36.

 1/22/1993: RTC declared their marriage null and void from the beginning under FC36.
 They failed to reach a settlement on the partition of their properties and hearing ensued
 1/13/2004: Court ruled that their properties have a 50-50 sharing.

ISSUE: W/N D should be deprived of his share of the CPG by reason of bad faith and perversion- NO.

 The property relations of void marriages such as those declared null and void under FC36 are
governed by FC147 or 148.
 FC147 applies to union of parties who are legally capacitated and not barred by any impediment
to contract marriage, but whose marriage is nonetheless void
 Requisites: Man and woman
1. Must be [legally] capacitated to marry each other
2. Live exclusively with each other as husband and wife
3. Their union is without the benefit of marriage or their marriage is void
 V and D’s property is governed by the rules of co-ownership. Therefore, the court was right in
saying they had a 50-50 share
o Virginia had failed to prove that the properties were acquired solely on her own efforts.
 SC notes:
o V and D agreed that properties were acquired during the subsistence of their marriage
o Certificates of titles and tax declarations are not sufficient proof to overcome the
presumption in FC116.
o All properties acquired during the marriage, regardless of whose name these are
registered, are presumed conjugal unless proved otherwise.


In the absence of proof to the contrary, properties acquired while they lived together shall be presumed
to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal
shares. For purposes of this Article, a party who did not participate in the acquisition thereof if the
former’s efforts consisted in the care and maintenance of the family and the household.”