Sps. Salgado v. Luis Anson

GR 204494     

Facts:

            Luis Anson is the husband of Severina de Asis-Anson. They had 1 daughter, Maria Luisa and she was wed to Gaston Maya. Severina had an older daughter to a previous relationship, Jo ann Diaz and she was also wed to Gerard Salgado. Luis and Severina acquired several real properties and according to him, since there was no marriage settlement, the properties pertain to their conjugal partnership. But without his knowledge and consent, Severina executed 3 Unilateral Deeds of Sale transferring then properties in favor of Jo ann. When Severina died, Maria Luisa executed a Deed of Extra-Judcial Settlement of Estate Deceased Severina adjudicating herself as the sole heir. Due to these acts, Luis filed a complaint for the annulment of these Deeds against Sps Salgado and Sps Maya. The latter countered that they were not aware of any marriage between Luis and their mother Severina but they knew they cohabited as common-law couple and that after their cohabitation, Luis went to the US and married one Teresita. And due to Partition Agreement that divided their properties without court intervention, both Sps claim that the properties herewith are separate and exclusive properties of Severina.  

            Issue: W/N marriage between Severina and Luis is valid and the subject lands as conjugal partnership

Held:

            Court finds that their marriage is void ab initio for lack of marriage license. Luis asserted that their marriage was an exceptional one but he failed to justify the lack of marriage license. He admitted that they did not seek to apply for it. The Partition agreement is valid. Valdez v RTC Quezon City held that in a void marriage, regardless of the cause thereof, the property relations of the parties during the period of cohabitation is governed by the provisions of Art 147 or Art 148 as the case may be, of the Family Code. Also, attesting that his marriage with Severina was subsisting and valid, he knowingly contracted to a subsequent marriage abroad, and the Court finds such suspicious and fraudulent thereby tainting his credibility.