Petitioner
Perez-Gaerlan
Respondent
Perez
Citation
G.R. No. 235606
Court
Supreme Court
Decided
March 27, 2019

Property ownership dispute involving property acquired during cohabitation under a void marriage between Eliodoro and Adelita

Summary

This consolidated case involves a property ownership dispute among family members regarding property acquired during the cohabitation of Eliodoro and Adelita under a void marriage. The Supreme Court applied the principle of immutability of judgment, noting that Adonis failed to appeal the 2005 RTC decision nullifying the marriage, making it final and executory. Under Article 147 of the Family Code, property acquired during cohabitation under a void marriage is presumed to be owned through joint efforts in equal shares under co-ownership. The Court found that petitioners failed to present sufficient evidence to overcome this presumption, thus affirming the Court of Appeals decision that recognized the co-ownership of the disputed property.

Statutes applied

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