G.R. No. 151967 :: 16 February 2005 :: Callejo, Sr., J.
Facts:
Josefina Castillo, married to Eduardo Francisco, bought two parcels of residential land and a house thereon. The Register of Deeds issued TCTs in the name of “Josefina Castillo Francisco married to Eduardo G. Francisco.” Eduardo had written an Affidavit of Waiver stating that before his marriage to Josefina, the latter purchased two parcels of land, including the house constructed thereon, with her own savings and that he was waiving whatever claims he had over the property. The property was mortgaged to Leonila Cando with marital conformity of Eduardo.
When Eduardo failed to pay for the 7,500 bags of cement worth P768,750.00 from Master Iron Works, the court issued a writ of execution levying the two parcels of land owned by Josefina. Before Josefina could commence presenting her evidence against MIWCC, Josefina filed a petition to annul her marriage to Eduardo on the ground that the latter had a subsisting marriage to one Carmelita Carpio when the two were married. Said annulment was granted by the RTC.
Issue:
Whether or not the subject properties were paraphernal property of Josefina and can not be held liable for the Eduardo’s personal obligations.
Held:
NO, THE PROPERTIES ARE NOT THE PARAPHERNAL PROPERTY OF JOSEFINA AND CAN BE HELD TO ANSWER FOR EDUARDO’S OBLIGATIONS.
Although it is true that the properties cannot be held as conjugal for the cohabitation between Eduardo and Josefina are bigamous, the latter failed to adduce preponderance of evidence that she contributed money, property or industry in the acquisition of the subject property and hence, is not a co-owner of such. Also, the Court doubted that when she acquired the property at 23 years of age, she had enough funds to pay for it. Her claim that the funds for the property were provided by her mother and sister, the Court believed, was just an afterthought.
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