Atty. Luna, a practicing lawyer, was at first a name partner in the prestigious law firm Sycip, Salazar, Luna, Manalo, Hernandez & Feliciano Law Offices. At the time, he was living with his first wife, herein intervenor-appellant Eugenia Zaballero-Luna, who he had seven children with.
In February 1966, Atty. Luna and Eugenia eventually agreed to live apart from each other in February 1966 and agreed to separation of property. They entered into a written agreement entitled “AGREEMENT FOR SEPARATION AND PROPERTY SETTLEMENT” dated November 12, 1975, whereby they agreed to live separately and to dissolve and liquidate their conjugal partnership of property.
On January 12, 1976, Atty. Luna obtained a divorce decree of his marriage with Eugenia from the Court of First Instance of Sto. Domingo, Dominican Republic. On the same day, Atty. Luna got married to Soledad L. Lavadia. Afterwards, the newly-wed couple returned to the Philippines and lived together as husband and wife until 1987.
In 1977, Atty. Luna organized a new law firm named: Luna, Puruganan, Sison and Ongkiko (also known as LUPSICON) where Atty. Luna was the managing partner.
On February 14, 1978, LUPSICON through Atty. Luna purchased a condominium unit to be used as LUPSICON’s law office.
“JUAN LUCES LUNA, married to Soledad L. Luna (38/100); MARIO E. ONGKIKO, married to Sonia P.G. Ongkiko (50/100); TERESITA CRUZ SISON, married to Antonio J.M. Sison (12/100) x x x”
In 1992, LUPSICON was dissolved and the condominium unit was partitioned by the partners. However, it was still registered in common under CCT No. 21716. The parties stipulated that the interest of Atty. Luna over the condominium unit would be 25/100 share. Atty. Luna thereafter established and headed another law firm with Atty. Renato G. Dela Cruz and used a portion of the office condominium unit as their office.
Atty. Luna passed away on July 12, 1997. HIs share in the condominium unit, including the law books, office furniture and equipment found therein were taken over by Gregorio Z. Luna, Atty. Luna’s son from his first marriage.
Soledad, Atty. Luna’s second wife, filed a civil case against the heirs of Juan Luces Luna, represented by Gregorio Z. Luna and Eugenia Zaballero-Luna. She alleged that:
- The following properties were acquired during the existence of the marriage between Atty. Luna and Soledad through their joint efforts:
- Atty. Luna’s 25/100 pro-indiviso share of the condominium unit
- The law books
- Office furniture and equipment
- Soledad became the co-owner of the said properties upon the death of Atty. Luna to the extent of ¾ pro-indiviso share consisting of her ½ share in the said properties plus her ½ share in the net estate of Atty. Luna which was bequeathed to her in the latter’s last will and testament; and
- That the heirs of Atty. Luna through Gregorio Z. Luna excluded Soledad from her share in the subject properties.
RTC Decision
(a) The condominium is adjudged to have been acquired by Juan Lucas Luna through his sole industry;
(b) Plaintiff has no right as owner or under any other concept over the condominium unit, hence the entry in Condominium Certificate of Title No. 21761 of the Registry of Deeds of Makati with respect to the civil status of Juan Luces Luna should be changed from “JUAN LUCES LUNA married to Soledad L. Luna” to “JUAN LUCES LUNA married to Eugenia Zaballero Luna”;
(c) Plaintiff is declared to be the owner of the books Corpus Juris, Fletcher on Corporation, American Jurisprudence and Federal Supreme Court Reports found in the condominium unit and defendants are ordered to deliver them to the plaintiff as soon as appropriate arrangements have been made for transport and storage.
CA – BOTH PARTIES APPEALED
Eugenia, the first wife, was the legitimate wife of Atty. Luna until the latter’s death on July 12, 1997. The absolute divorce decree obtained by Atty. Luna in the Dominican Republic did not terminate his prior marriage with Eugenia because foreign divorce between Filipino citizens is not recognized in our jurisdiction.
Issues
- Did the divorce between Atty. Luna and Eugenia Zaballero-Luna validly dissolve the first marriage?
Eugenia, the first wife, was the legitimate wife of Atty. Luna until the latter’s death on July 12, 1997. The absolute divorce decree obtained by Atty. Luna in the Dominican Republic did not terminate his prior marriage with Eugenia because foreign divorce between Filipino citizens is not recognized in our jurisdiction. (pursuant to the Nationality Rule)
- Did the second marriage entered into by the late Atty. Luna and the petitioner entitle the latter to any rights in property?
The mere execution of the Agreement by Atty. Luna and Eugenia did not per se dissolve and liquidate their conjugal partnership of gains. The approval of the Agreement by a competent court was still required under Article 190 and Article 191 of the Civil Code, as follows:
- Article 190. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place save in virtue of a judicial order.
Supreme Court
But wasn’t the approval of the Agreement by the CFI of Sto. Domingo in the Dominican Republic sufficient in dissolving and liquidating the conjugal partnership of gains between the late Atty. Luna and Eugenia?
The query is answered in the negative. There is no question that the approval took place only as an incident of the action for divorce instituted by Atty. Luna and Eugenia.
With the divorce not being itself valid and enforceable under Philippine law for being contrary to Philippine public policy and public law, the approval of the Agreement was not also legally valid and enforceable under Philippine law. Consequently, the conjugal partnership of gains of Atty. Luna and Eugenia subsisted in the lifetime of their marriage.