Case Digest: Consolacion Villanueva vs. The Intermediate Appellate Court, Jesus Bernas And Remedios Q. Bernas

G.R. No. 74577                     04 December 1990

NARVASA, J.

FACTS:

Modesto and Frederico Aranas inherited Lot 13 from their parents, Graciano Aranas and Nicolasa Bunsa.  Said lot was divided into a northern and southern portion (Lot 13-C) and was distributed between Frederico and Modesto, respectively. Modesto had two illegitimate children names Dorothea Aranas Ado and Teodoro C. Aranas.  These two loaned from Jeusu Bernas an amount of P18,000.00 secured by Lot 13-C.  A Loan Agreement with Real Estate Mortgage was executed between the siblings and Bernas wherein they described themselves as absolute co-owners of Lot 13.  Raymundo Aranas and Consolacion Villanueva signed the document as witnesses.

About a month later, Villanueva and Aranas filed a complaint against Bernas alleging that they be declared co-owners of the land based on the will of Victoria Comorro bequeathing to Villanueva and Aranas all of Comorro’s “interests, rights and properties, real and personal, x x as her net share from the conjugal partnership property with her husband, Modesto Aranas x x.”  Modesto Aranas’ will, on the other hand, bequeathed to Dorothea and Teodoro all his interests in his conjugal partnership with Victoria “as well as his own capital property brought by him to his marriage with his said wife.”

ISSUES:

Whether or not Consolacion Villanueva has any right over Lot 13-C and the improvements thereon standing by virtue of Victoria Camorro’s last will and testament.

HELD:

NO, CONSOLACION VILLANUEVA DOES NOT BEAR ANY RIGHT OVER LOT 13-C AND THE IMPROVEMENTS THEREON.

Lot 13-C was not part of the conjugal partnership property of Comorro and Aranas.  It was the latter’s exclusive, private property, which he had inherited from his parents and registered solely in his name.  It is inconsequential whether he acquired the property subsequent to his marriage to Comorroo for Article 148 of the Civil Code decrees that to be considered “the exclusive property of the spouse” is inter alia, “that which is brought to the marriage as his or her own,” or “that which each acquires, during the marriage, by lucrative title.  Such is the case in Modesto’s acquisition of Lot 13-C.  Furthermore, the fact that Comorro died 2 years ahead of Aranas clearly signifies that she never inherited anything from her husband.

To claim for the improvements thereon, proof is needful of the time of the making or construction of the improvements and the source of the funds used therefor in order to determine the character of the improvements as belonging to the conjugal partnership or to one spouse separately.  No such proof was presented by Villanueva.