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    Valdes Vs RTC

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    Learzej Ardevalas
    1) Antonio Valdez filed for and was granted annulment of his marriage to Consuelo Gomez due to their mutual psychological incapacity. Their five children were placed in the custody of either their mother or allowed to choose. 2) Gomez sought clarification on the procedure for liquidating common property from their "union without marriage". The children filed an affidavit choosing to stay with their father. 3) The Supreme Court ruled that in a void marriage, the property relations of the parties are governed by co-ownership rules, with any property acquired during the union presumed obtained through their joint efforts, including non-financial contributions like care of the family.

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    Valdes Vs RTC

    Uploaded by

    Learzej Ardevalas
    75 views1 page
    1) Antonio Valdez filed for and was granted annulment of his marriage to Consuelo Gomez due to their mutual psychological incapacity. Their five children were placed in the custody of either their mother or allowed to choose. 2) Gomez sought clarification on the procedure for liquidating common property from their "union without marriage". The children filed an affidavit choosing to stay with their father. 3) The Supreme Court ruled that in a void marriage, the property relations of the parties are governed by co-ownership rules, with any property acquired during the union presumed obtained through their joint efforts, including non-financial contributions like care of the family.

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    Valdes vs RTC

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    Valdes vs RTC

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    1) Antonio Valdez filed for and was granted annulment of his marriage to Consuelo Gomez due to their mutual psychological incapacity. Their five children were placed in the custody of either their mother or allowed to choose. 2) Gomez sought clarification on the procedure for liquidating common property from their "union without marriage". The children filed an affidavit choosing to stay with their father. 3) The Supreme Court ruled that in a void marriage, the property relations of the parties are governed by co-ownership rules, with any property acquired during the union presumed obtained through their joint efforts, including non-financial contributions like care of the family.

    Copyright:

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

    Valdes Vs RTC

    Uploaded by

    Learzej Ardevalas
    1) Antonio Valdez filed for and was granted annulment of his marriage to Consuelo Gomez due to their mutual psychological incapacity. Their five children were placed in the custody of either their mother or allowed to choose. 2) Gomez sought clarification on the procedure for liquidating common property from their "union without marriage". The children filed an affidavit choosing to stay with their father. 3) The Supreme Court ruled that in a void marriage, the property relations of the parties are governed by co-ownership rules, with any property acquired during the union presumed obtained through their joint efforts, including non-financial contributions like care of the family.

    Copyright:

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

    Valdes vs RTC

    Valdes vs. RTC


    260 SCRA 221

    FACTS:

    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.

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

    HELD:

    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. 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.

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