Group members:
Clerigo, Maria Muryel
Mangay – ayam, Alfeo Nino
Okit, Christian
Soler, Gerlie
Case:
G.R. No. 201061 July 3, 2013
SALLY GO-BANGAYAN, Petitioner, v. BENJAMIN
BANGAYAN, JR., Respondent.
Parties of the case:
Sally Go – Bangayan, petitioner
Benjamin Bangayan, Jr., respondent
Facts of the case according to the defendant/s:
Benjamin and Sally developed a romantic relationship in 1979.
Sally’s father was never against their relationship. Sally and Benjamin
contracted marriage in the office of Santolan, Pasig City. The local civil
registrar after compilation of the necessary requirements marriage
License No. N-07568 was issued.
Benjamin and Sally’s cohabitation produced two children, Bernice
and Bentley. During the period of their cohabitation, they acquired the
following real properties:
(1) property under Transfer Certificate of Title (TCT) No. 61722
registered in the names of Benjamin and Sally as spouses;
(2) properties under TCT Nos. 61720 and 190860 registered in the
name of Benjamin, married to Sally;
(3) properties under Condominium Certificate of Title (CCT) Nos.
8782 and 8783 registered in the name of Sally, married to Benjamin; and
(4) properties under TCT Nos. N-193656 and 253681 registered in
the name of Sally as a single individual.
The relationship of Benjamin and Sally ended in 1994 when Sally
left for Canada, bringing Bernice and Bentley with her. Thereafter, sally
filed a criminal action for bigamy and falsification of public documents
against Benjamin.
A total of 44 registered properties became the subject of the
partition before the trial court. Aside from the seven properties
enumerated by Benjamin in his petition, Sally named 37 properties in
her answer.
Issue/s:
Sally raised the following issues before this Court:
(1) Whether the Court of Appeals committed a reversible
error in affirming the trial court’s ruling that Sally had waived her
right to present evidence;
(2) Whether the Court of Appeals committed a reversible
error in affirming the trial court’s decision declaring the marriage
between Benjamin and Sally null and void ab initio and non-
existent; and
(3) Whether the Court of Appeals committed a reversible
error in affirming with modification the trial court’s decision
regarding the property relations of Benjamin and Sally.
Defenses available to the defendant/s:
- Sally shows a marriage License No. N-07568 issued by the local
civil registrar.
- Sally was a registered co-owner of the lots covered by TCT Nos.
61722, N-193656, and 253681 as well as the two condominium
units under CCT Nos. 8782 and 8783.
- Sally’s also was the co-owner or conjugal owner of the thirty seven
(37) properties under TCT Nos. 17722, 17723, 17724, 17725,
126397, RT-73480, and RT-86821; in Manila, TCT Nos. 188949,
188950, 188951, 193035, 194620, 194621, 194622, 194623,
194624, 194625, 194626, 194627, 194628, 194629, 194630,
194631, 194632, 194633, 194634, 194635, 194636, 194637, 194638,
194639, 198651, 206209, 206210, 206211, 206213 and 206215
- The registered owners, namely: Benjamin B. Bangayan, Jr.,
Roberto E. Bangayan, Ricardo B. Bangayan and Rodrigo B.
Bangayan are the owners to the exclusion of "Sally Go"
Consequently, the Registry of Deeds for Quezon City and Manila
are directed to delete the words "married to Sally Go" from these
thirty-seven (37) titles.
- Sally both the trial court and the Court of Appeals recognized the
marriage to Benjamin because a marriage could not be nonexistent
and, at the same time, null and void ab initio.
- Sally present evidence for her marriage to Benjamin with Marriage
License No. N-07568. However, the court barred Sally to do so.
- Her name was listed in the properties acquired during their
cohabitation declaring that she was his wife by declaring he was
"married to" her.
- Benjamin was the informant in their children’s birth certificates
where he stated that he was their father; and that Benjamin
introduced her to his family and friends as his wife. Unlike, to the
children of Benjamin to Azucena that he was not even the
informant in their birth certificates.
- Their relationship was recognized to family, friends and relatives.
