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are conjugal properties and she had not given her consent to
the sale.
In its original judgment, respondent Court principally
declared DAGUINES as the lawful owner of the land in
question as well as the one-half () of the house erected on
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by
The issues posed for resolution are (1) whether or not the
construction of a conjugal house on the exclusive property of
the husband ipso facto gave the land the character of
conjugal property; and (2) whether or not the sale of the lot
together with the house and improvements thereon was
valid under the circumstances surrounding the transaction.
The determination of the first issue revolves around the
interpretation to be given to the second paragraph of Article
158 of the Civil Code, which reads:
x x x
Buildings constructed at the expense of the partnership during
the marriage on land belonging to one of the spouses also pertain to
the partnership, but the value of the land shall be reimbursed to the
spouse who owns the same.
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