Case Digest: Article 109 of Family Code (Villanueva vs IAC et al.)

CONSOLACION VILLANUEVA, petitioner, vs. THE INTERMEDIATE APPELLATE COURT, JESUS BERNAS and REMEDIOS Q. BERNAS, respondents.

G.R. No. 74577 December 4, 1990

192 SCRA 21

NARVASA, J.:

Facts: Modesto and Federico Aranas inherited a parcel of land of their parents, Graciano Aranas and Nicolasa Bunsa, in Capiz.

Modesto Aranas acquired a Torrens title in his name from the Capiz Registry of Property. He was also married to Victoria Comorro but they had no children. After his death, his two surviving illegitimate children named Dorothea and Teodoro borrowed P18,000 and mortgaged their father’s property to Bernas. Raymundo Aranas, a relative, signed the loan agreement as a witness.

Bernas caused the extrajudicial foreclosure of the mortgaged and attained the land at the auction sale as the highest bidder since Teodoro and Dorothea failed to pay their loan.

Consolacion Villanueva and Raymundo Aranas filed a complaint against spouses Bernas praying that the property entered in the loan agreement be cancelled and they be declared co-owners of the land. They ground their cause of action upon their alleged discovery on two wills executed by Modesto Aranas and his wife Victoria. Modesto’s will bequeathed to his two illegitimate children all his interest in his conjugal partnership with Victoria as well as his own capital property brought by him to his marriage. On the other hand, Victoria’s will stated that her interests, rights and properties, real and personal as her share from the conjugal partnership be bequeathed to Consolacion and Raymundo and also to Dorothea and Teodoro in equal shares.

Issue: Whether or not the property mortgaged be a conjugal property of the spouses Modesto and Victoria.

Ruling: No. The said land was not part of the conjugal partnership property of Comorro and Aranas. It was the latter’s exclusive, private property, which he had inherited from his parents and registered solely in his name. Furthermore, the fact that Comorro died 2 years ahead of Aranas clearly signifies that she never inherited anything from her husband. The judgment of the Intermediate Appellate Court subject of this appeal, being in accord with the evidence and applicable law and jurisprudence, was affirmed, with costs against the petitioner.