Heirs of the Late Apolinario Caburnay v. Heirs of Teodulo Sison

Summary

This case involves a property dispute arising from a sale of conjugal property by a surviving spouse who had remarried. Teodulo, widowed from his first wife Perpetua, sold property acquired during his first marriage to Apolinario for P150,000 while married to his second wife Perla. Apolinario paid P120,000 but Teodulo died before full payment. Lower courts declared the sale void for lack of Perla's consent. The Supreme Court reversed, clarifying that complete separation of property governed Teodulo's second marriage due to non-liquidation of the first marriage within the statutory period. Under this regime, Teodulo could dispose of his separate property (his undivided interest in the conjugal property) without Perla's consent. However, applying Civil Code Article 493 on co-ownership rights, the sale was valid only to the extent of Teodulo's 9/16 share. The Court established the parties as co-owners in specified proportions and ordered appropriate title registration. This decision clarifies important principles regarding property regimes in subsequent marriages and co-ownership rights in unliquidated conjugal properties.