Presumption of the conjugal nature of property

Dear PAO,

My grandparents were married in 1970. They are now separated-in-fact and my grandfather would like to sell the land, which he claimed to be his exclusive property. My grandmother opposes the disposition and warns the prospective buyer that the land is conjugal property, so her signature or consent is necessary. She presented a deed of sale executed during their marriage to prove that the property is conjugal. My grandfather, however, claims that the deed of sale is not sufficient, and my grandmother needs to prove that the land was acquired using conjugal funds. Is the deed of sale sufficient to prove that the land is a conjugal property of my grandparents?

Renzy

Dear Renzy,

The provisions of the Family Code of the Philippines on conjugal partnership of gains will apply to the given set of facts. This is in consonance with the second paragraph of Article 105 of the same law: “xxx. The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in Article 256.

Correlative thereto, Article 116 of the same Code also states that: “All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved.”

Thus, it is presumed that a land which was acquired by your grandparents during their marriage belongs to their conjugal properties. However, your grandfather can rebut such presumption. Please note that under Article 109 of the Family Code of the Philippines:

“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 gratuitous title;

“(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

“(4) That which is purchased with exclusive money of the wife or of the husband.”

Assuming that the land is an exclusive property, Article 110 of the same law provides that:

“The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.

“Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located.”

The application of the presumption under Article 116 of the Family Code of the Philippines was explained in Spouses Anastacio, Sr. vs. Heirs of the Late Spouses Coloma, GR 224572, Aug. 27, 2020, where the Supreme Court, speaking through Associate Justice Alfredo Benjamin Caguioa, stated that:

“ART. 116. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved.

“A rebuttable presumption is established in Article 116 and the party who invokes that presumption must first establish that the property was acquired during the marriage because the proof of acquisition during the marriage is a condition sine qua non for the operation of the presumption in favor of the conjugal partnership. It is not necessary to prove that the property was acquired with conjugal funds and the presumption still applies even when the manner in which the property was acquired does not appear. Once the condition sine qua non is established, then the presumption that all properties acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one spouse or both spouses, are conjugal, remains until the contrary is proved.”

Applying the afore-cited decision in your situation, as a condition sine qua non for the operation of the presumption in favor of the conjugal partnership under Article 116 of the Family Code of the Philippines, it is essential to prove that the land was acquired during the marriage of your grandparents. Once proved, such fact is sufficient to establish the conjugal nature of the property, and it is not necessary to prove the land was acquired with conjugal funds as alleged by your grandfather.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].