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Jovellanos v. CA: Property Dispute Ruling

Daniel Jovellanos entered into a lease and conditional sale agreement for a property during his first marriage. After his first wife died, he remarried Annette. In 1975, during his second marriage, Daniel paid off the property in full and received a deed of absolute sale. He then donated the property to his children from his first marriage. The Court held that the property belonged to Daniel's second marriage as conjugal property since he received full ownership during that time. However, reimbursements should be made to the children from the first marriage in line with Article 118 of the Family Code, as some payments were made during the first marriage.

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Michelle Vale Cruz
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129 views2 pages

Jovellanos v. CA: Property Dispute Ruling

Daniel Jovellanos entered into a lease and conditional sale agreement for a property during his first marriage. After his first wife died, he remarried Annette. In 1975, during his second marriage, Daniel paid off the property in full and received a deed of absolute sale. He then donated the property to his children from his first marriage. The Court held that the property belonged to Daniel's second marriage as conjugal property since he received full ownership during that time. However, reimbursements should be made to the children from the first marriage in line with Article 118 of the Family Code, as some payments were made during the first marriage.

Uploaded by

Michelle Vale Cruz
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • Case Overview
  • Legal Details and Issue
  • Legal Arguments

Jovellanos v. CA, G.R. No.

100728 June 18, 1992


FACTS: Daniel Jovellanos contracted with Philamlife a lease and conditional sale
agreement of a property. When the agreement took place, Daniel was still married to his
first wife, Leonor, with whom he had three children. Leonor died on January 2, 1959.
On May 30, 1967, Daniel was remarried to Annette (respondent). On December 18,
1971, Mercy (daughter from first marriage) and her husband, built an extension at the
back of the said property. On January 8, 1975, the lease was paid and Philamlife
executed a deed of absolute sale to Daniel. The following day, he then donated the said
property to his children in the first marriage (petitioners). On September 8, 1985, Daniel
died.

Annette now claims that the said property is the conjugal property belonging to the
second marriage due to the fact that the deed of absolute sale was dated during the
celebration of their marriage (Jan. 8, 1975).

ISSUE: To which marriage does the property belong to as conjugal property?

HELD: The Court held that the said property belongs to the second marriage, but also
proclaims that reimbursements should be made to the children of the first marriage (in
line with ART 118 of the FC).

The contract entered into by Daniel and Philamlife is specifically denominated as a


"Lease and Conditional Sale Agreement" with a lease period of twenty years. During the
twenty-year period, Daniel had only the right of possession over the property. The lessor
transfers merely the temporary use and enjoyment of the thing leased. Generally,
ownership is transferred upon delivery, however, the ownership may still be with the
seller until full payment of the price is made.

Only at the time when the payments are made in full will the deed of absolute sale be
given, entitling the buyer (Daniel) as the true owner, rather than just having inchoate
rights to the property. The time when he was able to pay the remaining balance, he was

already married to his second wife, Annette, which makes the said property as their
conjugal property.

ART 118: any amount advanced by the partnership or by either or both spouses shall
be reimbursed

Depriving the children from the first will be unfair due to the fact that the lease was
contracted during the first marriage, wherein a portion of the payment came from.

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