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Property Dispute: Agapay v Agapay

Miguel Palang was married to Carlina in 1949 and left for Hawaii that year. In 1973, he attempted to divorce Carlina in Hawaii and married 19-year old Erlinda. Miguel and Erlinda jointly purchased a parcel of rice land and were issued the title. In 1975, Miguel and Carlina executed a deed donating their conjugal properties to their daughter to settle a case. Miguel and Erlinda were later convicted of concubinage. After Miguel died in 1981, Carlina and her daughter filed a case claiming ownership of the house and lot and riceland. The Supreme Court ruled the properties belong to Carlina as the first wife, as Erlinda

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251 views1 page

Property Dispute: Agapay v Agapay

Miguel Palang was married to Carlina in 1949 and left for Hawaii that year. In 1973, he attempted to divorce Carlina in Hawaii and married 19-year old Erlinda. Miguel and Erlinda jointly purchased a parcel of rice land and were issued the title. In 1975, Miguel and Carlina executed a deed donating their conjugal properties to their daughter to settle a case. Miguel and Erlinda were later convicted of concubinage. After Miguel died in 1981, Carlina and her daughter filed a case claiming ownership of the house and lot and riceland. The Supreme Court ruled the properties belong to Carlina as the first wife, as Erlinda

Uploaded by

Rez Basila
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Agapay v Agapay 276 SCRA 340 Facts:

Miguel Palang married Carlina (or Cornelia) Vallesterol on July 16, 1949 October 1949, he left to work in Hawaii as early as 1957, Miguel had attempted to divorce Carlina in Hawaii July 15, 1973 Miguel married with nineteen-year-old Erlinda Agapay May 17, 1973, Miguel and Erlinda, jointly purchased a parcel of rice land. Transfer Certificate of Title No. 101736 issued in their names September 23, 1975 Erlinda allegedly purchased a house and lot and title was issued in her name October 30, 1975, Miguel and Cornelia Palang executed a Deed of Donation as a form of compromise agreement to settle and end a case filed by the latter. The parties therein agreed to donate their conjugal property consisting of six parcels of land to their only child, Herminia Palang 1979, Miguel and Erlinda were convicted of Concubinage upon Carlinas complaint. Two years later, on February 15, 1981, Miguel died July 11, 1981, Carlina Palang and her daughter Herminia Palang de la Cruz, herein private respondents, instituted the case at bar, an action for recovery of ownership and possession with damages of the house and lot together with the riceland

Issue : Who is the owner of the two pieces of property Held: Carlina, the first wife Under FC Article 148, only the properties acquired by both of the parties through their actual joint contribution of money, property or industry shall be owned by them in common in proportion to their respective contributions. It must be stressed that actual contribution is required by this provision since it for relationships that have legal impediments Art 147 is the law that recognizes relationships without legal impediment and proof of care and maintenance of family and household equates to joint effort. Erlinda failed to persuade the court that she actually contributed money to buy the subject Riceland hence the riceland reverts to the first marriage With respect to the house and lot, Erlinda allegedly bought the same for P20,000.00 on September 23, 1975 when she was only 22 years old- however the notary testified that the property was purchased by Miguel but put in the name of Erlinda- the transaction was essentially a void donation Article 87 of the Family Code expressly provides that the prohibition against donations between spouses now applies to donations between persons living together as husband and wife without a valid marriage Compromise agreement entered into by Carliana and late Miguel is not a separation of property and should not be inferred as such. NO LIQUIDATION WAS MADE.

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