Petitioner
Antonio A. S. Valdes
Respondent
Regional Trial Court
Citation
G.R. No. 122749
Court
Supreme Court
Division
First Division
Ponente
Vitug, J.
Decided
July 31, 1996

Summary

Antonio Valdes successfully obtained nullity of his marriage to Consuelo Gomez based on mutual psychological incapacity under Article 36 of the Family Code. The main dispute arose over the proper legal framework for liquidating their common properties, particularly the family dwelling. Valdes argued that Articles 50, 51, 52 in relation to Articles 102, 129 should apply (conjugal partnership liquidation rules), while the RTC ruled that Article 147 governs (co-ownership rules). The Supreme Court affirmed the RTC, establishing that void marriages create a peculiar co-ownership regime under Article 147, where properties are presumed jointly acquired and owned equally. The decision clarified that conjugal partnership or absolute community liquidation procedures apply only to valid and voidable marriages, not void marriages, regardless of the cause of nullity.

Statutes applied

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By the Intellegal Editorial Board · July 31, 1996

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