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Wednesday,September24,2014

Villanuevavs.CourtofAppeals,G.R.No.143286April14,
2004
FACTS: On 13 October 1988, Eusebia Retuya filed a complaint before the trial court against her
husband Nicolas Retuya, Pacita Villanueva and Nicolas son with Pacita, Procopio Villanueva.
Eusebia sought the reconveyance from Nicolas and Pacita of several properties (subject
properties),claimingthatsuchareherconjugalpropertieswithNicolas.PlaintiffEusebia,isthelegal
wifeofdefendantNicolas,havingbeenmarriedonOctober7,1926.Outofthelawfulwedlock,they
begot five (5) children. Spouses Retuya resided at Mandaue City. During their marriage, they
acquired real properties and all improvements situated in Mandaue City, and Consolacion, Cebu.
Nicolas is the coowner of a parcel of land situated in Mandaue City which he inherited from his
parents Esteban Retuya and Balbina Solon as well as the purchasers of hereditary shares of
approximately eight (8) parcels of land in Mandaue City. Some of the properties earn income from
coconutsleasedtocorporations
In 1945, Nicolas no longer lived with his legitimate family and cohabited with defendant, Pacita
Villanueva, wherein Procopio Villanueva, is their illegitimate son. Nicolas, then, was the only
person who received the income of the properties. Pacita, from the time she started living in
concubinage with Nicolas, has no occupation. She had no properties of her own from which she
couldderiveincome.FromthetimeNicolassufferedstrokeuntilthepresent,hisillegitimatesonis
alreadytheonewhohasbeenreceivingtheincomeofhisproperties
Settlement between parties was asked but not met. Trial court in favor of Eusebia Natuya.
Petitioners appealed. Eusebia died, and was then substituted by her heirs. CA upheld trial courts
decision
ISSUE: Whether or not the subject properties acquired during the marriage between Eusebia and
Procopioareconjugal
HELD:YES,theyareconjugal.PetitiondenieddecisionofCAaffirmed
RATIO:TheFamilyCodeprovisionsonconjugalpartnershipsgovernthepropertyrelationsbetween
NicolasandEusebiaeveniftheyweremarriedbeforetheeffectivityofFamilyCode.
Article 105 of the Family Code explicitly mandates that the Family Code shall apply to conjugal
partnershipsestablishedbeforetheFamilyCodewithoutprejudicetovestedrightsalreadyacquired
under the Civil Code or other laws. Thus, under the Family Code, if the properties are acquired
during the marriage, the presumption is that they are conjugal. The burden of proof is on the party
claimingthattheyarenotconjugal.Thisiscounterbalancedbytherequirementthattheproperties
mustfirstbeproventohavebeenacquiredduringthemarriagebeforetheyarepresumedconjugal.
Nicolas and Eusebia were married on 7 October 1926. Nicolas and Pacita started cohabiting in
1936.Eusebiadiedon23November1996.PacitaandNicolasweremarriedon16December1996.
Petitioners themselves admit that Lot No. 152 was purchased on 4 October 1957. The date of
acquisitionofLotNo.152isclearlyduringthemarriageofNicolasandEusebia.

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AboutMe

MichelleValeCruz
Since the subject properties, including Lot No. 152, were acquired during the marriage of Nicolas
and Eusebia, the presumption under Article 116 of the Family Code is that all these are conjugal
propertiesofNicolasandEusebia.
PostedbyMichelleValeCruzatWednesday,September24,2014
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