This case has been cited 2 times or more.
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2000-08-22 |
GONZAGA-REYES, J. |
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| to marry.[41] Situating these rulings to the instant case, therefore, the co-ownership contemplated in Article 144 of the Civil Code cannot apply to Hadji Abdula's marriages celebrated subsequent to a valid and legally existing marriage, since from the point of view of the Civil Code Hadji Abdula is not capacitated to marry. However, the wives in such marriages are not precluded from proving that property acquired during their cohabitation with Hadji Abdula is their exclusive property, respectively.[42] Absent such proof, however, the presumption is that property acquired during the subsistence of a valid marriage and in the Civil Code, there can only be one validly existing marriage at any given time is conjugal property of such subsisting marriage.[43] With the effectivity of the Family Code on August 3, 1988, the following provisions of the said Code are pertinent: | |||||
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2000-07-22 |
GONZAGA-REYES, J. |
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| to marry.[41] Situating these rulings to the instant case, therefore, the co-ownership contemplated in Article 144 of the Civil Code cannot apply to Hadji Abdula's marriages celebrated subsequent to a valid and legally existing marriage, since from the point of view of the Civil Code Hadji Abdula is not capacitated to marry. However, the wives in such marriages are not precluded from proving that property acquired during their cohabitation with Hadji Abdula is their exclusive property, respectively.[42] Absent such proof, however, the presumption is that property acquired during the subsistence of a valid marriage --- and in the Civil Code, there can only be one validly existing marriage at any given time --- is conjugal property of such subsisting marriage. [43] With the effectivity of the Family Code on August 3, 1988, the following provisions of the said Code are pertinent:Art. 147. When a man and a woman who are capacitated to marry each other live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by | |||||