BELCODERO vs.

COURT OF APPEALS
GR No. 89667 October 20, 1993
VITUG, J.
Conjugal Partnership of Gains

DOCTRINE:
As long as the property is acquired during marriage, it is considered as conjugal property.

CASE SUMMARY:
Alayo Bosing abandoned and left his family to live with Josefa Rivera whom he had a child. Alayo purchased a land and indicated in his
civil status that he was married to Josefa Bosing. He later then authorized the letter to transfer the lot in name of his wife, Josefina R.
Bosing. Upon the death of Alayo, Josefa and their daughter, executed a document of extrajudicial partition and sale of a lot, which
described as conjugal property of Josefa and the deceased. Juliana, the real widow together with her legitimate children filed to the
court an action for reconveyance of the property.

FACTS:
Alayo Bosing married Juliana Oday in 1927 and they had 3 children. In 1946 he abandoned them and lived with Josefa Rivera (whom
he acknowledged as common law wife Josefa Bosing). They had one child, Josephine Bosing, now Josephine Belcodero.
Alayo purchased parcel of land on installment basis in 1949 from the Magdalena Estate, Inc.
He married Josefa Bosing in 1958, while still married to Juliana.
In year 1959, he authorized a letter to transfer the lot in the name of his wife, Josefina Bosing. Final deed executed in 1959.
Alayo died March 1967. In 1970 Josefa and Josephine executed a document of extra-judicial partition and sale of the lot, which was
described as conjugal property. Josefas share went to Josephine for P10,000, so Josephine Belcodero had full ownership. Notice
was published.
In October 1980 Juliana (real widow) and 3 children filed for reconveyance of property. Trial Curt and Court of Appeals ruled in
favor of Juliana.

ISSUE:
Whether or not the property in question is the conjugal property of Alayo Bosing and Juliana Oday

HELD/ RATIO:
Yes.
Under NCC 160, all property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains
exclusively to the husband or wife. This was not rebutted at all.

It cannot be seriously contended that, simply because the property was titled in the name of Josefa at Alayos request, she should
thereby be deemed to be its owner.

The property was acquired by Alayo and that even she recognized his ownership, when 3 years after he died, they executed a deed of
extrajudicial partition assessing a 12 interest in the property in what may be described as her share in the conjugal partnership. This
cannot be done because she is not the legal heir.

As regards the property relation between common-law spouses, the Civil Code provides that the rule on co-ownership is repudiated
(rejected) when either of the spouses suffered from an impediment to marry. Moreover, the Family Code cannot apply since there are
prior vested rights. Co-ownership is repudiated if both spouses has an impediment to marry.

There was also no sign on the part of Alayo to fix that through an action for legal separation within his lifetime

SC DECISION: The decision appealed from in the instant petition for review on certiorari is AFFIRMED.