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Heirs of Roger Jarque vs.

Marcial Jarque
G.R. No. 196733 | November 21, 2018 | Jardaleza, J.:
Under the Old Civil Code, the default property regime of the husband and wife is the conjugal
partnership of gains. Upon the death of either spouse, the conjugal partnership is dissolved. The
surviving spouse is entitled to his or her 1/2 share in the partnership, while the remaining half
belongs to the estate of the deceased which will be inherited by his forced heirs.
Facts:
Laureano Jarque (Laureano) was married to Seravanda Hagos (Servanda) with whom he
had four children namely: Roger, Lupo, Sergio, and Natalia. Petitioners are the heirs of Roger, the
original plaintiff in this case. On the other hand, respondents are the living children Lupo.
Petitioner claims that since the death of Laureano in 1956, their father, Roger, inherited
Lot No. 2560 and exercised all attributed of ownership and possession over it. Upon the death of
Servanda, their children orally partitioned the propertied of their parents among themselves such
that Lot No. 2560 was ceded to Roger. Roger mortgaged the lot twice, and on the second one,
Lupo, his brother, was the one who redeemed the property. Roger tried to claim the property back
from Lupo and his family thrice, but every time he would they would request the property remain
with them as they need a source of income. Roger agreed. When Roger’s sons decided to finally
take back the property for good, they were surprised when the respondents were already claiming
ownership over the property.
On the other hand, respondent claimed that Servanda mortgaged the lot and when the
period to redeem the property was about to expire, she requested Doming to repurchase the
property. Thereafter, Dominga transferred all her rights over the property to Leila, who took the
possession of the property in the concept of an owner.
Issue:
Whether or not the petitioner has the better right over the property.
Ruling:
YES. The Court ruled in favor petitioners.
Laureano died in 1946, prior to the effectivity of Republic Act (R.A.) No. 386 or the New
Civil Code on August 30, 1950. At the time of his death, the governing law as to the property
relations between husband and wife and the successional rights among the decedent's heirs is the
Old Civil Code. Under the Old Civil Code, the default property regime of the husband and wife is
the conjugal partnership of gains. Upon the death of either spouse, the conjugal partnership is
dissolved. The surviving spouse is entitled to his or her 1/2 share in the partnership, while the
remaining half belongs to the estate of the deceased which will be inherited by his forced heirs.
When Laureano died and the partnership was dissolved, Servanda acquired her 1/2 share
in the conjugal partnership, while the other half devolved to the estate of Laureano. In turn, their
four children (including Roger) succeeded to the 2/3 of the estate of Laureano as his forced heirs.
In this case, Roger's exercise of ownership over Lot No. 2560 after Laureano's death in
1946 is established by evidence. In 1960, he was able to mortgage the property to, and
subsequently redeem it. Therefore, the respondents' possession of the property did not give rise to
their ownership over it. There is no dispute that respondents are in possession of Lot No. 2560
since its repurchase from the mortgage in 1974 until the filing of the complaint. However, whether
their possession was adverse and in the concept of owner, with just title and in good faith, is another
matter. Here, the Court find that respondents' possession over the property is without any just title
and good faith; rather, it was only by mere tolerance for the first 10 years of possession.