Cases

These can be cited on the issue involving non declaration of real property
located in San, Jacinto, Pangasinan. Such property was acquired by her
husband when he was still single and does not form part of the conjugal
partnership

1. CIVIL LAW; PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE;

CONJUGAL PARTNERSHIP; PRESUMPTION; WHEN APPLICABLE; CASE AT BAR.
The presumption under Article 160 of the Civil Code that all property of the marriage
belong to the conjugal partnership applies only when there is proof that the property
was acquired during the marriage. Otherwise stated, proof of acquisition during the
marriage is a condition sine qua non for the operation of the presumption in favor of the
conjugal partnership.||| (Spouses Estonina v. Court of Appeals, G.R. No. 111547
(Resolution), [January 27, 1997], 334 PHIL 577-589)
2.
2. REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
SECTION 2
Exclusive Property of Each Spouse
Article 148. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires, during the marriage, by lucrative title;
(3) That which is acquired by right of redemption or by exchange with other
property belonging to only one of the spouses;
(4) That which is purchased with exclusive money of the wife or of the
husband. (1396)
- The marriage of respondent and her husband is governed by the Old Civil
Code and not by the Family Code which took effect only one year after the
completion of its publication in a newspaper of general circulation, from July 6,
1987.