Professional Documents
Culture Documents
Pascual
FACTS:
Florencia Nevalga and Nicholson Pascual were
married in 1985. During the union, they acquired
a lot with a three door apartment standing
thereon. Their marriage were annulled in 1994
and they went on their separate ways without
liquidating their properties.
In 1997, Florencia mortgaged the aforesaid
property as a security for the loan she obtained
with spouses Oliveros. Petitioner foreclosed the
mortgage, had the property auctioned and
acquired it as the successful bidder. Nicholson
filed an action to annul the mortgage alleging
that the subject property is still a conjugal
property and it was executed without his
consent
RTC ruled that mortgage is invalid. The said lot is
a conjugal property, the same having been
acquired during the existence of the marriage of
Nicholson and Florencia. (Art 116 NCC)
Metrobank had not overcome the presumptive
conjugal nature of the lot. And being conjugal,
the RTC concluded that the disputed property
may not be validly encumbered by Florencia
without Nicholsons consent.CA affirmed the
decision
ISSUES:
FACTS:
ISSUE:
Did the trial court err when it ordered that a
decree of absolute nullity of marriage shall only
be issued after liquidation, partition, and
distribution of parties properties under Article
147 of the Family Code?
HELD:
Section 19(1) of the Rule on Declaration of
Absolute Nullity of Null Marriages and Annulment
of Voidable Marriages does not apply to Article
147 of the Family Code. It is clear from Article 50
of the Family Code that Section 19(1) of the Rule
applies only to marriages which are declared
void ab initio under Articles 40 and 45 and not
under Article 36 which is the ground for the
nullification of the petitioner and respondents
marriage. Thus, the decision of the trial court is
affirmed but with modifications.
G.R. No. 202932 October 23, 2013
EDILBERTO U. VENTURA JR.,Petitioner,v.
SPOUSES
PAULINO
and
EVANGELINE
ABUDA,Respondents.
FACTS:
In 1952, Socorro and Crispin were married where
they had a son Edilberto Sr. who was married to
Leonora. Edilberto Sr. and Leonora are the
parents of herein petitioner Edilberto Jr.
(Edilberto). In 1980, Socorro married Esteban
even if she had a subsisting marriage with
Crispin. Esteban on the other hand was also
married before but the same was dissolved by
virtue of the death of his previous wife. Esteban
had a daughter named Evangeline.
Sometime in 1968, Esteban purchased a portion
of lot in Tondo, Manila, while the remaining
portion was purchased by Evangeline on her
fathers behalf (Vitas Property). In 1978, Esteban
and Evangeline also had small business
establishments located in Delpan st. Tondo
(Delpan Property). When Esteban was diagnosed
with colon cancer, he decided to sell the
properties to Evangeline.
Esteban passed away on September 1997, while
Socorro on July 1999. When Leonora, petitioners
No.