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Valdez Vs Q.C. - RTC (Case Brief)

1. This case discusses the property relations of parties in a void marriage. 2. The court held that in void marriages, either Article 147 or 148 governs property relations. Article 147 applies when there are no legal impediments to marriage. It establishes equal co-ownership of properties acquired through work. 3. If a legal impediment exists, only jointly contributed properties are owned in common in proportion to contributions. A declaration of nullity of a prior void marriage is required to ensure the validity of a second marriage.

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Gil Paterno G. Mendoza
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148 views

Valdez Vs Q.C. - RTC (Case Brief)

1. This case discusses the property relations of parties in a void marriage. 2. The court held that in void marriages, either Article 147 or 148 governs property relations. Article 147 applies when there are no legal impediments to marriage. It establishes equal co-ownership of properties acquired through work. 3. If a legal impediment exists, only jointly contributed properties are owned in common in proportion to contributions. A declaration of nullity of a prior void marriage is required to ensure the validity of a second marriage.

Uploaded by

Gil Paterno G. Mendoza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Valdez vs.

Regional Trial Court (1996)

Summary Cases:

● Valdez vs. RTC

Subject:

In Void Marriages, Article 147 or Article 148 Governs Property Relations; Article 147 Applies When
There Are No Legal Impediments; If Legal Impediment Exists, Parties Own According to Respective
Contributions; Declaration of Nullity Required to Assure Status of Second Marriage

Facts:

Antonio Valdez and Consuelo Gomez were married and begotten with five children. Thereafter, Antonio
sought the declaration of nullity of the marriage pursuant to Article 36 of the Family Code After the
hearing the parties following the joinder of issues, the trial court granted the petition and declared the
marriage null and void. Consuelo then sought a clarification of that portion of the decision directing
compliance with Articles 50, 51 and 52 of the Family Code. She asserted that the Family Code contained
no provisions on the procedure for the liquidation of common property in "unions without marriage."

The trial court then ruled that considering that Article 147 of the Family Code explicitly provided that the
property acquired by both parties during their union, in the absence of proof to the contrary, were
presumed to have been obtained through the joint efforts of the parties and would be owned by them in
equal shares, plaintiff and defendant would own their "family home" and all their properties for that
matter in equal shares. Further, the trial court had declared the marriage between petitioner and
respondent as null and void ab initio and that pursuant to Art. 147, the property regime of petitioner and
respondent shall be governed by the rules on ownership.

Held:

In Void Marriages, Article 147 or Article 148 Governs Property Relations

1. In a void marriage, regardless of the cause thereof, the property relations of the parties during
the period of cohabitation is governed by the provisions of Article 147 or Article 148, such as the
case may be, of the Family Code.

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Article 147 Applies When There Are No Legal Impediments

2. Article 147, a kind of co-ownership, applies when a man and a woman, suffering no illegal
impediment to marry each other, so exclusively live together as husband and wife under a void
marriage or without the benefit of marriage.

3. The term "capacitated" in the provision (in the first paragraph of Article 147) refers to the legal
capacity of a party to contract marriage, i.e., any "male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in Articles 37 and 38 of the Code.

4. Under this property regime, property acquired by both spouses through their work and
industry shall be governed by the rules on equal co-ownership. Any property acquired during the
union is prima facie presumed to have been obtained through their joint efforts. A party who did
not participate in the acquisition of the property shall be considered as having contributed
thereto jointly if said party's efforts consisted in the care and maintenance of the family
household." The fruits of the couple's separate property are not included in the co-ownership.

If Legal Impediment Exists, Parties Own According to Respective Contributions

5. When the common-law spouses suffer from a legal impediment to marry or when they do not
live exclusively with each other as husband and wife, only the property acquired by both of them
through their actual joint contribution of money, property or industry shall be owned in common
and in proportion to their respective contributions. Such contributions and corresponding shares,
however, are prima facie presumed to be equal.

6. The share of any party who is married to another shall accrue to the absolute community or
conjugal partnership, as the case may be, if so existing under a valid marriage. If the party who
has acted in bad faith is not validly married to another, his or her share shall be forfeited in the
manner according to the law.

Declaration of Nullity Required to Assure Status of Second Marriage

7. In now requiring for purposes of remarriage, the declaration of nullity by final judgment of the
previously contracted void marriage, the present law aims to do away with any continuing
uncertainty on the status of the second marriage.
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