Villanueva v.

CA
GR 143286, April 14, 2004 [Per J. Carpio, First Division]
Issue
Are the subject properties conjugal?

Facts
Eusebia Retuya is the legal wife of Nicolas Retuya. During their marriage, they acquired
real properties and all improvements in Mandaue City, and Consolacion, Cebu. Nicolas is a co-
owner of a parcel of land and also a purchaser of hereditary shares of approximately eight (8)
parcels of land in Mandaue City, some earning income from coconuts leased to a corporation. In
1945, Nicolas no longer lived with his legitimate family and cohabited with Pacita Villanueva,
having Procopio Villanueva as their illegitimate son. Nicolas, then, was the only person who
received the income of the properties. Pacita, from the time she started living in concubinage
with Nicolas, had no occupation and properties of her own from which she could derive income.
From the time Nicolas suffered stroke until the present, Procopio is already the one who has been
receiving the income of his properties. Natividad Retuya, one of Eusebia and Nicolas’ children,
told Procopio that their father was already incapacitated, and they had to talk things over. But the
latter replied that it was not yet the time to talk about the matter. Settlement between parties was
asked but not met. On October 13, 1988, Eusebia filed a complaint before the trial court against
Nicolas, Pacita, and Procopio. Eusebia sought the reconveyance from Nicolas and Pacita of
several properties (subject properties), claiming that such are her conjugal properties with
Nicolas. In 1996, Eusebia died, and was then substituted by her heirs.

Ruling
Yes, the subject properties are conjugal. Pursuant to Article 116 of the Family Code, “All
property acquired during the marriage, whether the acquisition appears to have been made,
contracted or registered in the name of one or both spouses, is presumed conjugal unless the
contrary is proved.” The documents and other evidence Eusebia presented constitute “solid
evidence” which proved that the subject properties were acquired during her marriage with
Nicolas. This made the presumption in Article 116 applicable to the subject properties. The
Family Code provisions on conjugal partnerships govern the property relations between Nicolas
and Eusebia even if they were married before the effectivity of Family Code. Article 105 of the
Family Code explicitly mandates that the Family Code shall apply to conjugal partnerships
established before the Family Code without prejudice to vested rights already acquired under the
Civil Code or other laws. Thus, under the Family Code, if the properties are acquired during the
marriage, the presumption is that they are conjugal.