Proof of contribution in acquisition of property essential in adulterous union

Dear PAO,

I met Ronnie, a married in April 2005. After two months of court ship, we decided to co habit as husband and wife and stayed at my brand new I also bought a brand-new sports utility vehicle( SUV) during our cohabitation. manager at that time while Ronnie was apart-time fitness instructor. After five years, Ronnie became an alcoholic and illegal drug dependent. He became addicted to online casino games. He sold some of our appliances I refused to give him money for his online gambling. Last year, I decided to end our 12- year cohabitation. He is now claiming his share in my condominium I bought from my exclusive funds. I need your advice. Thank you so much.

Martha Dear Martha,

It appears that your situation is covered by Article 148 of the Family Code of the Philippines, which governs the Property Regime of Unions without Marriage, to wit:

“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 both of them through their work or industry shall be governed by the rules on co- ownership.

xxx

“Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.

xxx Clearly, you and Ronnie were not capacitated to marry each other since he was validly married to another woman at the time of your cohabitation. Under the property regime mentioned in Article 148, only the properties acquired through your actual joint contribution of money shall be co- owned by you and Ronnie and your share in such properties shall be in proportion to your respective contributions.

The Supreme Court, in its decision in the case of Jacinto Saguid vs Hon. Court of Appeals, et al. ( GR 150611, June 10, 2003) penned by Associate Justice Consuelo Ynares- Santiago, discussed the issue of co- ownership of properties acquired by the parties to a bigamous marriage or an adulterous relationship, viz:

“Proof of actual contribution in the acquisition of the property is essential. The claim of co- ownership of the petitioners therein who were parties to the bigamous and adulterous union is without basis because they failed to substantiate their allegation that they contributed money in the purchase of the disputed properties.”

Proof of actual contribution is indispensable. To be entitled to his share, Ronnie must adduce evidence of his actual contributions when the condominium unit and the SUV were purchased.

This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.