Title
Lavadia vs. Heirs of Luna
Case
G.R. No. 171914
Decision Date
Jul 23, 2014
Atty. Luna’s Dominican divorce and second marriage were void under Philippine law; properties acquired during his bigamous marriage remained part of his first conjugal partnership.

Case Digest (G.R. No. 179010)
Expanded Legal Reasoning Model

Facts:

  • Marital History of Atty. Juan Luces Luna
    • First marriage to Eugenia Zaballero-Luna: civil ceremony (Sept. 10, 1947), church solemnization (Sept. 12, 1948); seven (7) children born of the union.
    • Separation and foreign divorce: agreed to live apart (Feb. 1966); executed “Agreement for Separation and Property Settlement” (Nov. 12, 1975); obtained Dominican Republic divorce decree (Jan. 12, 1976).
    • Second marriage to Soledad L. Lavadia: contracted in Sto. Domingo, Dominican Republic (Jan. 12, 1976); cohabited in the Philippines until Luna’s death (July 12, 1997).
  • Acquisition of Condominium Unit and Law Practice
    • Formation of law firm LUPSICON (1977); Feb. 14, 1978 purchase of 6th floor, Kalaw-Ledesma Condominium Project, Makati (517.52 sqm; P1,449,056.00, 36-month installment).
    • Deed of Absolute Sale executed (July 15, 1983); CCT No. 4779 (Aug. 10, 1983): Luna (46/100), Ongkiko (25/100), Puruganan (17/100), Sison (12/100).
    • Sale of shares and reissuance of CCT No. 21761 (Feb. 7, 1992): Luna (38/100), Ongkiko (50/100), Sison (12/100).
    • Dissolution of LUPSICON (1992); condominium partition fixed Luna’s interest at 25/100; subsequent law firm with De la Cruz until Luna’s death.
  • Post-Death Possession and Litigation
    • Luna’s son Gregorio Z. Luna took over 25/100 share and law books; leased share to Atty. De la Cruz.
    • Soledad’s complaint (Sept. 10, 1999, RTC Makati Branch 138, Civil Case No. 99-1644): claimed 34/100 pro indiviso share (25/100 of unit + law books), partition, accounting, receiver, attorney’s fees.
  • Decisions Below
    • RTC (Aug. 27, 2001): held 24/100 share acquired by Luna’s sole industry; Soledad had no right to condominium; awarded law books to Soledad; changed Luna’s spouse designation on title to Eugenia.
    • CA (Nov. 11, 2005, modified): declared 25/100 share and law books belonged to heirs of Luna and Eugenia; Soledad had no ownership; confirmed title change to reflect first marriage.

Issues:

  • Validity and effect of the Dominican Republic divorce decree and separation agreement
    • Whether foreign divorce and court-approved separation dissolved Luna’s conjugal partnership with Eugenia.
    • Whether Philippine law must recognize such foreign decree and agreement.
  • Validity of Luna’s second marriage to Soledad and its effect on property rights
    • Whether the second marriage was void ab initio for bigamy.
    • The legal regime governing properties acquired during a void marriage.
  • Soledad’s co-ownership claim over the condominium share and law books
    • Whether Soledad proved actual contribution to acquisition under Article 144, Civil Code and Article 148, Family Code.
    • Sufficiency of evidence (checks, cash, thank-you note) to establish co-ownership.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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