Case Digest (G.R. No. 122749)
Facts:
Antonio A. S. Valdes v. Regional Trial Court, Branch 102, Quezon City, G.R. No. 122749, July 31, 1996, promulgated September 15, 1997, First Division, Vitug, J., writing for the Court. Petitioner Antonio A. S. Valdes and respondent Consuelo M. Gomez-Valdes were married on January 5, 1971, and had five children. On June 22, 1992, petitioner filed a petition for declaration of nullity of marriage under Article 36 of the Family Code (psychological incapacity) in the Regional Trial Court (RTC) of Quezon City, Branch 102 (Civil Case No. Q-92-12539).After hearing, the RTC rendered judgment on July 29, 1994 declaring the marriage null and void ab initio for mutual psychological incapacity; it also resolved custody and visitation, directed the parties to "start proceedings on the liquidation of their common properties as defined by Article 147 of the Family Code," and to comply with Articles 50, 51 and 52 of the Family Code within 30 days from notice. Respondent sought clarification, contending the Family Code contained no procedure for liquidation of common property in unions without marriage; the children filed a joint affidavit preferring to remain with petitioner.
By Order dated May 5, 1995, the RTC clarified that Article 147 applies: properties acquired during cohabitation are presumed jointly obtained and owned in equal shares, liquidation and partition are governed by Civil Code co-ownership rules, and Articles 102 and 129 of the Family Code (procedures for absolute community and conjugal partnership) have no application. Petitioner’s motion for reconsideration was denied October 30, 1995. Petitioner then filed a petition ...(Pro-only)
Issues:
- Did the Regional Trial Court err in applying Article 147 of the Family Code (and Civil Code co-ownership rules) to the liquidation and partition of the parties’ properties after declaring their marriage void ab initio for psychological incapacity?
- Do Articles 50, 51 and 52 of the Family Code (in relation to Articles 102 and 129) govern the liquidation and partition, including adjudication of the family dwelling, in a marriage declared void ab initio for psychological incapacity?
- May a court that declares a marriage nullity also resolve incidental and consequent...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)