Philippine law adheres to the principle that divorce between Filipino citizens is not recognized. This means that any divorce decree obtained abroad by Filipinos does not dissolve their marriage under Philippine law. Consequently, any property settlement related to such a divorce lacks legal standing and cannot be enforced, especially against the assets of a spouse who remarries. This landmark case clarifies the extent to which Philippine courts will uphold the sanctity of marriage and protect the rights of legitimate spouses and their heirs.

Second Marriage, First Wife’s Rights: Who Gets the Condo After a Foreign Divorce?

The case of Soledad L. Lavadia v. Heirs of Juan Luces Luna revolves around a dispute over property rights following the death of Atty. Juan Luces Luna. Atty. Luna had initially married Eugenia Zaballero-Luna in the Philippines. After nearly two decades, they separated, entering into an “Agreement for Separation and Property Settlement.” Atty. Luna later obtained a divorce decree in the Dominican Republic and married Soledad L. Lavadia. Upon Atty. Luna’s death, Soledad claimed rights to a 25/100 share of a condominium unit and his law books, arguing they were acquired during their marriage. However, the heirs of Eugenia, Atty. Luna’s first wife, contested this claim, asserting that the divorce was invalid under Philippine law and that the properties belonged to the conjugal partnership with Eugenia.

The central legal question was: Which marriage should be recognized for purposes of property distribution? The Supreme Court had to determine whether the foreign divorce decree obtained by Atty. Luna effectively dissolved his first marriage and whether Soledad was entitled to a share in the properties acquired during her marriage with Atty. Luna. This required an examination of the **nationality principle** in Philippine law, which dictates that Philippine laws apply to Filipino citizens even when they are living abroad.

The Supreme Court affirmed the Court of Appeals’ decision, emphasizing that the first marriage between Atty. Luna and Eugenia remained valid until Atty. Luna’s death. The Court cited Article 15 of the Civil Code, which provides that laws relating to family rights and duties, as well as the status and legal capacity of persons, are binding upon citizens of the Philippines, even though living abroad. This firmly establishes the **nationality principle** as a cornerstone of Philippine family law. It also noted that absolute divorce between Filipino spouses is not recognized in the Philippines, reinforcing the Constitution’s characterization of marriage as an inviolable social institution.

The Court also addressed the validity of the “Agreement for Separation and Property Settlement” between Atty. Luna and Eugenia. It highlighted that under Articles 190 and 191 of the Civil Code, such agreements require judicial approval to be effective. Since the approval by the court in the Dominican Republic was merely an incident to a divorce that is not recognized in the Philippines, the agreement was deemed void. Therefore, the conjugal partnership of gains between Atty. Luna and Eugenia remained intact. This is a critical point: even a seemingly formal agreement is unenforceable without proper judicial sanction within the Philippine legal system.

The Court then turned to the validity of Atty. Luna’s marriage to Soledad. Because Atty. Luna’s first marriage was never legally dissolved under Philippine law, his subsequent marriage to Soledad was deemed **bigamous** and therefore void ab initio (from the beginning). The Court referenced Article 71 of the Civil Code, which states that marriages performed outside the Philippines are valid in the country, except for bigamous, polygamous, or incestuous marriages as determined by Philippine law. Bigamy, as defined by Philippine law, occurs when a person contracts a second marriage before the first has been legally dissolved.

Given that the marriage between Atty. Luna and Soledad was void, the property acquired during their union was governed by the rules on co-ownership under Article 144 of the Civil Code. This article stipulates that when a man and a woman live together as husband and wife without being married, or their marriage is void from the beginning, the property acquired by either or both of them through their work, industry, wages, and salaries shall be governed by the rules on co-ownership. However, the Court emphasized that the burden of proof rests upon the party alleging co-ownership to prove their actual contributions to the acquisition of the property.

In this case, Soledad claimed that she had made significant financial contributions to the purchase of the condominium unit and the law books. However, the Court found that she failed to provide sufficient evidence to substantiate these claims. The Court of Appeals noted that the checks she presented did not directly prove that they were used for the acquisition of Atty. Luna’s share in the condominium unit. Furthermore, the fact that the condominium certificates of title listed Atty. Luna as “married to Soledad L. Luna” was not sufficient proof of co-ownership, as it merely described Atty. Luna’s civil status.

Therefore, the Supreme Court concluded that Soledad had not discharged her burden of proving co-ownership. Since the first marriage between Atty. Luna and Eugenia subsisted, the properties in question legally pertained to their conjugal partnership of gains. Consequently, the heirs of Atty. Luna through his first marriage were rightfully entitled to the 25/100 pro indiviso share in the condominium unit and the law books. This ruling underscores the importance of providing concrete evidence of actual contributions when claiming co-ownership in a void marriage. It also reinforces the stability of legitimate marital unions and the protection of the rights of legal spouses.

FAQs

What was the key issue in this case?	The central issue was determining the rightful ownership of properties acquired during a second marriage, when the first marriage was not legally dissolved under Philippine law despite a foreign divorce decree. The court needed to decide whether the foreign divorce and subsequent marriage were valid and how property rights should be distributed.
Why was the foreign divorce not recognized?	Philippine law adheres to the principle that divorce between Filipino citizens is not recognized. This is because the Philippines views marriage as an inviolable social institution and does not permit absolute divorce between its citizens.
What is the nationality principle?	The nationality principle dictates that Philippine laws relating to family rights and duties, as well as the status and legal capacity of persons, are binding upon citizens of the Philippines even when they are living abroad. This means that Filipino citizens are subject to Philippine marriage laws regardless of where they reside.
What is a bigamous marriage?	A bigamous marriage is an illegal marriage committed by contracting a second or subsequent marriage before the first marriage has been legally dissolved. Under Philippine law, bigamous marriages are considered void from the beginning.
What happens to property acquired in a void marriage?	When a marriage is void from the beginning, such as a bigamous marriage, the property acquired by either or both parties during the union is governed by the rules on co-ownership. This means that each party is entitled to a share in the property based on their actual contributions.
What is required to prove co-ownership?	To establish co-ownership, the party claiming it must provide sufficient evidence of their actual contributions to the acquisition of the property. Mere allegations or assumptions are not enough; concrete proof, such as financial records or documentation of work and effort, is required.
Why was the property settlement agreement not enforced?	The property settlement agreement, entered into in connection with the foreign divorce, was not enforced because the divorce itself was not recognized under Philippine law. The agreement lacked proper judicial approval within the Philippine legal system, making it unenforceable.
Who ultimately inherited the disputed properties?	The heirs of Atty. Juan Luces Luna through his first marriage to Eugenia Zaballero-Luna ultimately inherited the disputed properties. This was because the first marriage was deemed valid, and the properties were considered part of the conjugal partnership of gains from that marriage.

This case serves as a crucial reminder of the enduring principles governing marriage and property rights in the Philippines. The sanctity of marriage, as defined under Philippine law, remains a paramount consideration, and foreign decrees of divorce will not automatically dissolve marital bonds between Filipino citizens. The burden of proving co-ownership in cases of void marriages rests heavily on the claimant, requiring concrete evidence rather than mere assertions. This ensures that the rights of legal spouses and their heirs are protected, underscoring the stability and integrity of marital unions within the Philippines.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: SOLEDAD L. LAVADIA VS. HEIRS OF JUAN LUCES LUNA, G.R. No. 171914, July 23, 2014