04 Lavadia V Heirs Of Luna.docx

Lavadia v. Heirs of Luna GR No. 171914, 23 July 2014.

Atty. Juan Luces Luna was married to his first wife, Eugenia Zaballero, in Rizal. After 20 years of marriage, Atty. Luna and Eugenic decided to live apart and agree to separation of their properties. A year later, Atty. Luna obtained a divorce decree of their marriage in the Dominican Republic. He married Soledad Lavadia on that same day in the Dominican Republic. Atty. Luna later organized the law firm LUPSICON. The firm, through him, purchased a condominium unit in Makati to be used as its law office. After full payment, the Deed of Absolute Sale was issued to "Juan Luces Luna, married to Soledad L. Luna (46/100)" among others (46% nung unit kanya). LUPSICON was later dissolved, and when the unit was partitioned, the parties stipulated that Atty. Luna would get 25/100 share. When Atty. Luna died, the 25/100 share, as well as his law books and furniture, were taken over by one of his children with Eugenia, who leased the part of the unit out to another law firm. Solenad filed a complaint against the heirs of Atty. Luna for co-owner ship over her share in the properties as well as Atty. Luna's estate.

RTC: denied her right in 25/100 share in condominium unit but awarded her the law books.

CA: affirmed with modification: heirs own everything, even the law books.

ISSUE: WON Atty. Luna's divorce and second marriage were valid.

HELD: NO. The first marriage was solemnized under the Spanish Civil Code, which adopted the nationality rule that is still followed by the current Civil Code. Under the nationality rule, the divorce in the Dominican Republic did not dissolve the first marriage, and is void. The agreement for separation of property is also void. Having married under the Spanish Civil Code, and with the later Civil Code providing that conjugal partnership of gains governs marriages without settlements. Agreements for separation of property, in order to dissolve CPGs, must have judicial approval. (Dominican Republic judge approval invalid as such was only given incident to the divorce, which was also invalid.

Properties aqcuired during the void-bigamous marriage between Atty. Luna and Solenad are governed by the rules on co-ownership. Solenad, as the party alleging co-ownership ,must prove her actual contribution to the acquisition of the properties in order to be deemed co-owner (note: she wasn't able to).