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VIRGINIA OCAMPO Vs DEOGRACIO OCAMPO

This document summarizes a Supreme Court case regarding the property settlement of a marriage that was declared null due to psychological incapacity. The court ruled that when a marriage is void, property acquired during the period of cohabitation should be divided equally between the parties under Article 147 of the Family Code. This applies whether the properties were acquired individually or jointly, as both parties are considered to have contributed to their acquisition through their joint work and maintenance of the family. Therefore, the respondent could not be deprived of his 50% share of the conjugal properties due to allegations of bad faith.

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Ian Cabana
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310 views1 page

VIRGINIA OCAMPO Vs DEOGRACIO OCAMPO

This document summarizes a Supreme Court case regarding the property settlement of a marriage that was declared null due to psychological incapacity. The court ruled that when a marriage is void, property acquired during the period of cohabitation should be divided equally between the parties under Article 147 of the Family Code. This applies whether the properties were acquired individually or jointly, as both parties are considered to have contributed to their acquisition through their joint work and maintenance of the family. Therefore, the respondent could not be deprived of his 50% share of the conjugal properties due to allegations of bad faith.

Uploaded by

Ian Cabana
Copyright
© © All Rights Reserved
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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Cabana, Adrian C.

Doctrine : Severance of vows let married woman reuse her maiden name

Case Title : VIRGINIA OCAMPO vs DEOGRACIO OCAMPO


G.R. No. 198908
August 3, 2015

Facts

Petitioner – Virginia Ocamplo filed a petition for declaration of nullity of marriage against
Respodent – Deogracio Ocampo on the ground of psychological incapacity which the RTC granted the
same

On March 31, 1999, the trial court directed the parties to submit a project of partition of their
inventoried properties. Having failed to agree on a project of partition of their conjugal properties,
hearing ensued and the trial court rendered the assailed Order stating that the properties declared by
the parties belong to each one of them on a 50-50 sharing.

Issue

Whether or not respondent should be deprived of his share in the conjugal partnership of gains
by reason of bad faith and psychological perversity?

Ruling
No. The Supreme Court held that in cases of void marriages, as in those declared void under
Article 36 of the Family Code, the property relations of the parties during the period of cohabitation is
governed either by Article 147 or Article 148 of the Family Code. Article 147 of the Family Code applies
to union of parties who are legally capacitated and not barred by any impediment to contract marriage
but without the benefit of marriage or whose marriage is nonetheless void, as in this case. Article 147
states that their wages and salaries shall be owned by them in equal shares and the property acquired
by both of them through their work or industry shall be governed by the rules on co-ownership

In the absence of proof to the contrary, properties acquired while they lived together shall be
presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in
equal shares. For purposes of Article 147, a party who did not participate in the acquisition by the other
party of any property shall be deemed to have contributed jointly in the acquisition thereof if the
former’s efforts consisted in the care and maintenance of the family and of the household.

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