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THIRD DIVISION
JOSEPHINE B. BELCODERO,
petitioner, vs. THE HONORABLE
COURT OF APPEALS, ET AL.,
respondents.
DECISION
!
VITUG, J :
! p
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AN IMPLIED OR CONSTRUCTIVE
TRUST.
3. THE RESPONDENT COURT
ERRED IN NOT HOLDING THAT, THE
PROPERTY IN QUESTION BELONGS
EXCLUSIVELY TO THE PETITIONERS.
4. THE RESPONDENT COURT
ERRED IN NOT GRANTING
PETITIONERS' MOTION FOR NEW
TRIAL BASED ON NEWLY DISCOVERED
EVIDENCE, AND LIKEWISE ERRED IN
HOLDING THAT EVEN IF A NEW TRIAL
IS GRANTED THE SAME WOULD NOT
SERVE A USEFUL PURPOSE.
We rule for affirmance.
The first three issues are interrelated, and the same
will thus be jointly discussed.
Whether the property in question was acquired by
Alayo in 1949 when an agreement for its purchase on
installment basis was entered into between him and
Magdalena Estate, Inc., or in 1959 when a deed of
sale was finally executed by Magdalena Estate, Inc.,
the legal results would be the same. The property
remained as belonging to the conjugal partnership of
Alayo and his legitimate wife Juliana. Under both the
new Civil Code (Article 160) and the old Civil Code
(Article 1407), "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 to the wife." This presumption has not
been convincingly rebutted. LLjur
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Footnotes
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