ELNA MARCADO-FEHR VS BRUNO FEHR

FACTS: In 1983, after two years of long-distance courtship, Elna moved in to Bruno's residence and lived
with him. During the time they lived together, they purchased Suite 204, at LCG Condominium on
installment. They got married in 1985.

In 1998, the trial court declared the marriage between Elna and Bruno void ab initio under Article 36 of
the Family Code and ordered the dissolution of their conjugal properties. The properties were divided
into three: 1/3 for Elna, 1/3 for Bruno and 1/3 for the children. The custody of children was awarded to
Elna, being the innocent spouse. Accordingly, Elna is directed to transfer ownership of Suite 204 LCG
Condominium because it was declared to have been the exclusive property of Bruno Fehr, acquired prior
his marriage.

Elna filed a motion for reconsideration of said order. The court held in an order that Art. 147 of the
Family Code should apply, being the marriage void ab initio. However, the court reminded Elna of the
previous agreement in dividing of properties and/or proceeds from the sale thereof proportionately
among them. It also affirmed of the previous ruling regarding the Suite 204. Elna filed special civil action
for certiorari and prohibition with the Court of Appeals. The CA in its Decision dismissed the petition for
review for lack of merit.

ISSUE: Whether or not the Suite 204 of LGC Condominium is the exclusive property of Bruno Fehr.

HELD: No. SC held that Suite 204 of LCG Condominium is a common property of Elna and Bruno and the
property regime of the parties should be divided in accordance with the law on co-ownership. Suite 204
was acquired during the parties’ cohabitation. Accordingly, under Article 147 of the Family Code, said
property should be governed by the rules on co-ownership.

Article 147 applies in this case because (1) Elna and Bruno are capacitated to marry each other; (2) live
exclusively with each other as husband and wife; and (3) their marriage is void under Article 36. All these
elements are present in the case at bar.
The trial court also erred in its judgment in regards the settlement of the common properties of Elna
and Bruno. The three-way partition only applies to voidable marriages and to void marriages under
Article 40 of the Family Code.