Case Summary (G.R. No. 188289)
Properties and Financial Background
Philippine assets: Sampaloc house and lot (redeemed at ₱1.5 M; sold under SPA for ₱2.2 M), agricultural lands in Aurora, coconut plantation
US assets: Daly City house and lot (mortgaged at US$285,000), furniture, jewelry, vehicle, Bank of America accounts, life insurance policy (US$100,000), retirement/pension funds
Abandonment and Joint Affidavit
2001: David returns to the Philippines
September 2003: Alleged abandonment; cohabitation with Estrellita Martinez
December 3, 2003: Joint Affidavit provides that (1) Leticia collects ₱1.1 M sale proceeds; (2) David refunds ₱750,000 to Leticia; (3) David renounces all rights in Philippine conjugal properties
Divorce and Custody in California
June 24, 2005: Superior Court of California grants Leticia a divorce decree; awards her custody of the children and ownership of all US properties
Petition for Judicial Separation of Conjugal Property
August 8, 2005: Leticia files in RTC Baler, Aurora, seeking administration of Philippine conjugal assets, injunction against alienation, forfeiture in favor of children, reimbursement of half the redemption and sale proceeds, and litigation expenses
RTC’s Simplified Issues
- Abandonment and infidelity as grounds for forfeiture
- Jurisdiction over US properties
- Effect of the Joint Affidavit on David’s property rights
- Reimbursement claims on Sampaloc sale and redemption
- Distribution of absolute community property
- Legitime shares and support of the children
- Chargeability of attorneys’ fees to the conjugal partnership
RTC Ruling (December 8, 2006)
– Declared dissolution of the absolute community of property
– Awarded Philippine assets to David; US assets to Leticia per California divorce
– Presumptive legitimes: half of both spouses’ Philippine and US shares to the children; annotated on titles; income remitted annually
– David ordered to pay US$100 monthly allowance; Leticia to provide basic needs
– From the ₱410,000 unpaid Sampaloc balance: ₱405,000 to children (deposited in joint account), ₱5,000 to David
– Each party bears own attorneys’ fees and litigation expenses
Court of Appeals Ruling (May 9, 2008)
– Modified equal division of Philippine community assets between spouses
– Each spouse to pay the children ₱520,000 as presumptive legitimes from Sampaloc proceeds
– Ordered David to pay Leticia ₱1,040,000 (half of net proceeds from Sampaloc sale)
– Rest of RTC decision affirmed
Supreme Court Analysis
Recognition of California Divorce
– Foreign judgment and law must be proven under Rules 132(Sections 24–25) and 39(Section 48[b]); decree lacked required authentication and evidence of applicable California law
– No judicial notice of foreign divorce; parties remain married in the Philippines
Ground for Judicial Separation
– Abandonment not established; but separation in fact exceeded one year and reconciliation was improbable (Family Code, Art. 135[6])
– Judicial separation dissolves the absolute community (Family Code, Art. 99[4]) and triggers liquidation (Family Code, Art. 102)
Jurisdiction over Properties
– Philippine courts la
Case Syllabus (G.R. No. 188289)
Facts of the Case
- Married on 3 December 1988 in Quezon City; later resided in California where they became U.S. citizens
- Two children: Jerome T. Noveras (b. 4 November 1990) and Jena T. Noveras (b. 2 May 1993)
- David A. Noveras engaged in a courier service business; Leticia T. Noveras worked as a nurse in San Francisco
- Acquired properties in the Philippines and the USA during marriage
- Sampaloc property (former parental house) mortgaged, redeemed for ₱1.5 M; Leticia later executed an SPA authorizing sale at ₱2.2 M
- Sale proceeds of Sampaloc property totaled ₱1,790,000, leaving an unpaid balance of ₱410,000
- David allegedly abandoned Leticia in September 2003 and cohabited with another woman in Aurora
- Leticia and David executed a Joint Affidavit on 3 December 2003 agreeing, among others, that David would renounce rights to Philippine conjugal properties
Properties of the Parties
- PHILIPPINE PROPERTIES
• Sampaloc house & lot (150 sq.m.) – FMV ₱1,693,125
• Laboy agricultural land (20,742 sq.m.) – FMV ₱400,000
• Maria Aurora parcel (2.5 ha) – FMV ₱490,000
• Sabang parcel (175 sq.m.) – FMV ₱175,000
• Coconut plantation (3 ha) – FMV ₱750,000 - U.S. PROPERTIES
• Daly City house & lot – Value US$550,000 (unpaid mortgage US$285,000)
• Furniture & furnishings – US$3,000
• Jewelries – US$9,000
• 2000 Nissan Frontier truck – US$13,770
• Bank of America checking – US$8,000; cash deposit – US$10,000
• Life insurance (cash value) – US$100,000
• Retirement/pension/annuities – US$56,228
Procedural History
- December 2002: Leticia grants SPA to David to sell Sampaloc property
- September 2003: Alleged abandonment; Joint Affidavit executed on 3 December 2003
- June 2005: California Superior Court grants divorce (judgment entered 29 June 2005), awards U.S. properties and custody of children to Leticia
- August 2005: Leticia files petition for judicial separation of conjugal property before RTC Baler, Aurora
- David answers, demands liquidation of absolute community including U.S. assets
- RTC Baler renders decision on 8 December 2006; parties appeal to the Court of Appeals
- CA issues decision on 9 May 2008; petitioner elevates to the Supreme Court (G.R. No. 188289)
Issues Presented
- Whether David’s alleged abandonment and infidelity warrant forfeiture of Philippine conjugal properties
- Whether Philippine courts acquired jurisdiction over U.S. properties for inclusion in judicial separation
- Effect and vali