Title
Aenlle vs. Rheims
Case
G.R. No. 29168
Decision Date
Dec 29, 1928
Divorced spouses dispute conjugal property ownership; mortgage executed post-divorce encumbers entire property, as divorce decree unregistered, binding bona fide lender.

Case Summary (G.R. No. 184740)

Background of the Case

The controversy arose over the ownership of the two lots, which were claimed to belong to the conjugal estate of Aenlle and Clementina. The lower court ruled that these properties belonged in undivided halves to both Aenlle and Clementina as conjugal property and acknowledged a mortgage from Aenlle to the Philippine Guaranty Co., Inc., covering Aenlle's undivided share. Aenlle appealed the ruling that declared the properties as part of the conjugal estate while the Philippine Guaranty Co., Inc. contested the ruling that restricted their mortgage to Aenlle's undivided half.

Findings of the Trial Court

The trial court found that the lots in question were part of the conjugal property that existed during Aenlle and Clementina's marriage. Aenlle’s appeal contested this assertion, but the court determined that the evidence overwhelmingly supported the decision that the properties were indeed conjugal. Consequently, Aenlle's appeal was deemed without merit due to the sufficiency of the evidence presented by the appellee.

Mortgage and Its Implications

Upon appeal, additional circumstances arose concerning a mortgage executed by Aenlle on March 15, 1922, in favor of the Philippine Guaranty Co., Inc., to secure a loan of P2,000. The mortgage covered the entirety of the contested property. Clementina successfully argued that the mortgage could not encumber her undivided share since it was executed after the decree of divorce. However, the court found this perspective flawed, explaining that the divorce decree’s civil effects did not automatically dissolve the conjugal partnership in a manner that would impact third parties without proper registration.

Legal Understanding of Conjugal Partnerships

The court asserted that even if the divorce were recognized as valid, it could not retroactively affect third parties without proper registry. According to Articles 34 and 389 of the Mortgage Law, any transfers or encumbrances related to properties must be inscribed in the property registry to affect rights in the Philippines.

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