Title
Bernard B. Benasa vs. Presentacion R. Mahor
Case
G.R. No. 236659
Decision Date
Aug 31, 2022
A seafarer sought co-ownership of properties acquired with his remittances during an adulterous cohabitation; SC ruled in his favor under Article 148 of the Family Code.

Case Digest (G.R. No. 236659)
Expanded Legal Reasoning Model

Facts:

  • Background of the Parties
    • Petitioner Bernard B. Benasa (Benasa) and respondent Presentacion R. Mahor (Mahor) were childhood sweethearts.
    • Mahor married Pablo Mahor (Pablo), while Benasa remained single and worked as a seafarer.
  • Adulterous Relationship and Financial Remittances
    • In 1974, while Mahor’s marriage to Pablo was still subsisting, Benasa and Mahor rekindled their relationship and engaged in an adulterous affair.
    • Benasa regularly sent his salaries and benefits to Mahor in monthly allotments, which she allegedly used to purchase several real properties in Quezon City, Tagaytay City, and Baliuag, Bulacan.
    • The properties were registered solely in Mahor’s name, contrary to Benasa’s instructions to register them under his name.
  • Retirement and Demand for Accounting
    • Upon Benasa’s retirement in 1999, he requested Mahor to account for the cash remittances and properties purchased during their cohabitation.
    • Mahor refused, leading to their separation.
    • In 2009, Benasa sent a formal demand letter to Mahor, but she still did not comply.
  • Filing of the Petition
    • Benasa filed a Petition for Accounting, Inventory, and Reconveyance of Real Properties with Damages before the Regional Trial Court (RTC).
    • He claimed co-ownership of the properties under Articles 147 or 148 of the Family Code, arguing that the properties were acquired using his remittances.
  • Evidence Presented by Benasa
    • Benasa presented allotment slips, passbooks, and letters from Mahor acknowledging receipt of his remittances.
    • He also submitted photographs of the properties and personal items, as well as love letters exchanged between them.
    • Benasa’s brother testified that Benasa and Mahor lived together as husband and wife.
  • Mahor’s Default and RTC Decision
    • Mahor was declared in default for failing to file an Answer.
    • The RTC dismissed Benasa’s petition, ruling that the evidence was insufficient to prove co-ownership under Articles 147 or 148 of the Family Code.
    • The RTC held that the relationship was not a legal cohabitation but a mere love affair.
  • Appeal to the Court of Appeals (CA)
    • The CA affirmed the RTC’s decision, stating that Benasa and Mahor did not cohabit as husband and wife.
    • The CA also ruled that the properties were presumed conjugal since they were acquired during Mahor’s marriage to Pablo.

Issues:

  • Whether the CA erred in ruling that Benasa and Mahor did not cohabit as husband and wife under Article 148 of the Family Code.
  • Whether Benasa is entitled to a co-ownership share in the properties acquired during their relationship.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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