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Pinay Article XII, Section 7 provides: Save in cases of hereditary

Foreigner Art. 148 of the Family Code: In cases of cohabitation not falling

succession, no private lands shall be under the preceding Article, only the transferred or conveyed except to properties acquired by both of the individuals, corporations, or parties through their actual joint associations qualified to acquire or contribution of money, property, or hold lands of the public domain. industry shall be owned by them in common respective in proportion contributions. to In their the

absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit. If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article. The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. The Constitution is the basic and Article 10 of the Civil Code: paramount law to which all laws, In case of doubt in the interpretation rules and regulations must conform or application of laws, it is presumed

and to which all persons, including that the lawmaking body intended the highest official must defer. right and justice to prevail. (Justice Isagani Cruz, Philippine ruled that Paragraph 15 of plaintiffs complaint

Political Law, 1996) The Supreme Court

allowing a foreigner to reimburse Properties were bought using the used for the acquisition of a property personal money of the plaintiff and in the Philippines will permit him to were only registered in the name of enjoy the fruits of a property which the defendant he is not allowed to own under the Constitution. (Muller vs Muller) The title of the property are named Certificates of the title are not source under the Filipina, Lovi Biton. of right. The mere possession of a title does not make one the true owner of the property (Borromeo v. Descallar) There are only two instances where a Article 22-23 of The New Civil Code; foreigner can own a property in the Unjust Enrichment Philippines: if he be a naturalized citizen or he caused the transfer of the deed to another Filipino citizen. (Borromeo vs Descallar) As already observed, the finding that his wife had used her own money to purchase the property cannot, and will not, at this stage of the proceedings be reviewed and overturned. But even if it were a fact that said wife had used conjugal funds to make the acquisition, the considerations just set out to militate, on high constitutional grounds,

against his recovering and holding the property so acquired, or any part thereof. And whether in such an event, he may recover from his wife any share of the money used for the purchase or charge her with or unauthorized disposition

expenditure of conjugal funds is not now inquired into; that would be, in the premises, a purely academic exercise. (Cheesman vs Intermediate Appellate Court)