Villanueva v. CA & Retuya (2004)

Villanueva v. CA and Retuya

Gr no. 143286

April 14, 2004

FACTS:

Eusebia Retuya (respondent) married Nicolas Retuya in 1926 and begot five children. During their marriage, the spouses acquired real properties and improvements in Mandaue City and Consolacion, Cebu. Some of the properties earn income from coconuts and other lands/houses which are leased to several companies. In 1945, Nicolas Retuya no longer lived with his legitimate family and cohabited with Pacita Villanueva (defendant) and begot an illegitimate son Procopio Villanueva. Nicolas was the only person who received the income of the said properties. Pacita had held no occupation and no properties of her own. In 1985, Nicolas suffered a stroke and co no longer walk or talk as a result. Eusebia then filed complaint against Nicolas, Pacita and Procopio for reconveyance of several properties alleging them to be part of the conjugal partnership with Nicolas. The Regional Trial Court (Mandaue) ruled in favor of Eusebia, finding her as the sole administrator and ordering the defendants to deliver the income of the conjugal properties and to reconvey the land in question. On appeal, the Court of Appeals affirmed the decision of the lower court, stating that Pacita failed to rebut the presumption under Article 116 of the Family Code. The petitioners claim that the subject properties are exclusive properties of Nicolas except for a certain lot which they claim is Pacita’s paraphernal property.

ISSUE:

W/N the subject properties are conjugal properties of spouses Eusebia and Nicolas.

HOLDING/RATIONALE:

- YES. The family Code provisions on conjugal partnerships govern the property relations between Nicolas and Eusebia even if they were married before the effectivity of the Code.

- Under the Family Code, if the properties acquired during the marriage, the presumption is that they are conjugal. The burden of proof is on the party claiming otherwise.

- Both the RTC and CA agree that the properties were in fact acquired during the marriage of Nicolas and Eusebia.

- The presumption under Article 116 that the properties belong to the conjugal partnership, holds even if the tax declarations are under the Nicolas Retuya’s name alone.

JUDGMENT:

- Petition is DENIED, and the decision of the Court of Appeals is AFFIRMED.