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AGAPAY vs. PALANGG.R. No.

116668July 28, 1997


Facts:Miguel Palang contracted his first marriage with Carlina (or Cornelia) on July
16,1949. A few months after the wedding, in October 1949, he left for work in
Hawaii. Miguel
and Carlinas only child,
Herminia Palang, was born on May 12, 1950. During his visit in 1964to the
Philippines, he stayed with his brother in Zambales. The trial court found that as
earlyas 1957, Miguel had attempted to divorce Carlina in Hawaii. When he returned
for good in1972, Miguel refused to stay with Carlina but stayed alone in a house in
Pozorrubio,Pangasinan. On July 15, 1973, 63 yr old Miguel contracted with second
marriage with 19 yrold Erlinda Agapay. Two months earlier, Miguel and Erlinda
jointly purchased a parcel of agricultural land located at San Felipe, Binalonan
Pangasinan. A house and lot in Binalonan,Pangasinan was also purchased by Erlinda as
sole vendee. On October 1975, Miguel andCornelia Palang executed a deed of
donation as a form of compromise agreement. Theparties agreed to donate their
conjugal property to their only child, Herminia Palang. Migueland Erlinda had a son,
Kristopher A. Palang. In 1979, Miguel and Erlinda were convicted of
Concubinage upon Carlinas complaint. Two years later, Miguel
died.On July 11, 1979, Carlina Palang and her daughter Herminia filed an action
forrecovery of ownership and possession of the Riceland and house and lot both
located atBinalonan, Pangasinan allegedly purchased by Miguel during his
cohabitation with ErlindaAgapay. The RTC dismissed the case and ruled in favour
of Agapay. On appeal, the
respondent court reversed the trial courts decision and declared Carlina and
Herminia
Palang the owners of the properties in question.
Issue(s):1.
Whether or not the court erred in granting the ownership of the two parcels
of land to Carlina and Herminia Palang?2.
Whether or not the court erred in not declaring Kristopher Palang as
Miguelsillegitimate son and thus entitled to inherit Miguels estate?
3.

Whether or not Kristopher Palang should be considered as party-defendant inthe


civil case?
Decision:1.
No. Under Art 148 of the Family Code of the Philippines, only properties
acquiredby 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
respectivecontributions. It must be stressed that actual contribution is required in
this

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