Scribd Logo
Upload

Welcome to Scribd!

  • 38 views

    Conditional: A LAW EACH DAY (Keeps Trouble Away) by Jose C. Sison

    Uploaded by

    Michaela Balaweg
    Carling entered into two successive marriages. During his first marriage, he signed a lease agreement to purchase a property with monthly payments over 20 years. After his first wife died, he remarried and continued payments from their conjugal funds. His daughter from the first marriage then built a house on the property and took over the payments. When Carling died, a dispute arose over who owned the property - his daughter from the first marriage or his second wife. The court ruled that ownership was only transferred when the payments were fully made during the second marriage, so the property belonged to the conjugal partnership of the second marriage. However, the daughter exclusively owned the house she built.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Conditional: A LAW EACH DAY (Keeps Trouble Away) by Jose C. Sison

    Uploaded by

    Michaela Balaweg
    38 views1 page
    Carling entered into two successive marriages. During his first marriage, he signed a lease agreement to purchase a property with monthly payments over 20 years. After his first wife died, he remarried and continued payments from their conjugal funds. His daughter from the first marriage then built a house on the property and took over the payments. When Carling died, a dispute arose over who owned the property - his daughter from the first marriage or his second wife. The court ruled that ownership was only transferred when the payments were fully made during the second marriage, so the property belonged to the conjugal partnership of the second marriage. However, the daughter exclusively owned the house she built.

    Original Description:

    a law each day

    Original Title

    Conditional

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Carling entered into two successive marriages. During his first marriage, he signed a lease agreement to purchase a property with monthly payments over 20 years. After his first wife died, he remarried and continued payments from their conjugal funds. His daughter from the first marriage then built a house on the property and took over the payments. When Carling died, a dispute arose over who owned the property - his daughter from the first marriage or his second wife. The court ruled that ownership was only transferred when the payments were fully made during the second marriage, so the property belonged to the conjugal partnership of the second marriage. However, the daughter exclusively owned the house she built.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views1 page

    Conditional: A LAW EACH DAY (Keeps Trouble Away) by Jose C. Sison

    Uploaded by

    Michaela Balaweg
    Carling entered into two successive marriages. During his first marriage, he signed a lease agreement to purchase a property with monthly payments over 20 years. After his first wife died, he remarried and continued payments from their conjugal funds. His daughter from the first marriage then built a house on the property and took over the payments. When Carling died, a dispute arose over who owned the property - his daughter from the first marriage or his second wife. The court ruled that ownership was only transferred when the payments were fully made during the second marriage, so the property belonged to the conjugal partnership of the second marriage. However, the daughter exclusively owned the house she built.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Conditional

    A LAW EACH DAY (Keeps Trouble Away) By Jose C. Sison | July 5, 2011

    This is a tale of two marriages entered into by a man. Both marriages, however, are valid and legal because
    they were contracted in succession, after the first one had been dissolved by the death of the first wife.

    During his first marriage, Carling and his first wife purchased a property in a Quezon City subdivision. The
    contract he signed was a lease and conditional sale agreement under which Carling as lessee-vendee
    would pay a monthly rental of P290 for 20 years. In the lease agreement, the lessor-seller transferred only
    the temporary use and enjoyment of the house and lot for residential purposes. It was provided further in
    the agreement that if at the expiration of the lease period, the lessee-vendee (Carling) should have fully
    and faithfully complied with all the obligations stipulated, the lessor-vendor would immediately sell, transfer
    and convey to him the property subject of the agreement. Four years later, his first wife by whom he had
    three children, died. The widower Carling continued to pay for the house and lot. Eight years later, he
    remarried Bessie. Thereafter, payment of the house and lot was made out of the conjugal funds of the
    second marriage. Four years later, Nimfa, one of Carling’s daughters by his first marriage, built a house at
    the back portion of the premises at the behest of Carling. Nimfa thus offered to continue paying the monthly
    rental until the full lease amounts had been fully paid. Upon such full payment the lessor-seller executed in
    favor of Carling the Deed of Absolute Sale over the premises and the next day, he donated all his rights,
    title and interest over the lot and bungalow thereon to Nimfa. A controversy arose when Carling died.
    However his wife Bessie, with whom he begot two children, claimed that the property was acquired during
    the second marriage when the final deed of sale was executed. Therefore it should be their conjugal
    property. Nimfa, on the other hand, contended that the property was acquired during the marriage of her
    mother and father when the lease and conditional sale agreement was signed by Carling. Is Nimfa correct?

    No. The agreement entered into by Carling during his first marriage to Nimfa’s mother is in the nature of a
    contract to sell as contradistinguished from the contract of sale. In a contract to sell or conditional sale,
    ownership is not transferred upon delivery of the property but upon full payment of the purchase price.
    Compliance with the stipulated payments is a suspensive condition, the failure of which prevents the
    obligation of the vendor to convey title from acquiring binding force. So what was vested in the conjugal
    partnership of the first marriage was merely the beneficial title. It was only upon full payment of the
    amortizations (lease rentals) that Carling acquired ownership. And this was during his second marriage. So
    the property belongs to the conjugal partnership of the second marriage. Bessie would get 1/2 of the
    property and the other half to be divided between her and her two children at 1/6 each. But she must
    reimburse the amount advanced by the first conjugal partnership and by Nimfa. Furthermore, Nimfa was
    the exclusive owner of the house she erected on the lot over which she had all the rights of a builder in
    good faith. This was the ruling in Jovellanos vs. Court of Appeals, 210 SCRA 126.

    You might also like