G.R. No. 122749, 31 July 1996


Antonio Valdez and Consuelo Gomez were married in 1971 and begotten 5 children. Valdez filed a petition in 1992 for a declaration of nullity of their marriage pursuant to Article 36 of the Family Code, which was granted hence, marriage is null and void on the ground of their mutual psychological incapacity. Stella and Joaquin are placed under the custody of their mother while the other 3 siblings are free to choose which they prefer.

Gomez sought a clarification of that portion in the decision regarding the procedure for the liquidation of common property in “unions without marriage”. During the hearing on the motion, the children filed a joint affidavit expressing desire to stay with their father.


Whether or not the property regime should be based on co-ownership.


Yes. The Supreme Court ruled that in a void marriage, regardless of the cause thereof, the property relations of the parties are governed by the rules on co-ownership.

ART. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.

Any property acquired during the union is prima facie presumed to have been obtained through their joint efforts. A party who did not participate in the acquisition of the property shall be considered as having contributed thereto jointly if said party’s efforts consisted in the care and maintenance of the family.

* Case digest by Prince Dave C. Santiago, LLB-1, Andres Bonifacio Law School, SY 2017-2018