- Petitioner
- Melinda M. Malabanan
- Respondent
- Francisco Malabanan, Jr.
- Citation
- G.R. No. 187225
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Leonen, J.
- Decided
- March 6, 2019
Summary
This case involves a dispute over a 310-square meter conjugal property acquired by spouses Melinda and Jose Malabanan in 1984. After Jose's death in 1985, his father Francisco allegedly used a forged Special Power of Attorney to fraudulently transfer the property through a series of transactions, ultimately ending up with the Montano Spouses. The Regional Trial Court ruled in favor of Melinda, finding fraud and forgery. The Court of Appeals reversed, holding the property was Jose's exclusive property. The Supreme Court granted Melinda's petition, reinstating the trial court's decision. The Court held that property acquired during marriage is presumed conjugal under Civil Code Article 160, and respondents failed to rebut this presumption with clear and convincing evidence. The forged Special Power of Attorney and all subsequent transactions were declared void, establishing the paramount importance of both spouses' consent in disposing conjugal real property and the protection against fraudulent transfers of matrimonial assets.
Intellegal Wiki · Key Holding
Property acquired during the marriage is presumed conjugal (Article 160) unless clearly proven otherwise; a forged special power of attorney is void, and buyers who ignore the property's actual possession are not in good faith.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.