1 Belcodero v. CA

Persons and Family Relations | Dean Mawis | G01 | CAL
Belcodero v. CA
227 SCRA 303 | October 20, 1993 | Vitug, J
Petitioner: Josephine B. Belcodero
Respondents: CA, et al.
TOPIC: Conjugal Partnership of Gains
FACTS:
Before NCC
July 27, 1927: Alayo D. Bosing married Juliana Oday with whom he had three children, namely, Flora,
Teresita, and Gaido.
1946: Alayo left the conjugal home and he started to live instead with Josefa Rivera with whom he begot
1 child, named Josephine Bosing, now Josephine Belcodero.
August 23, 1949: Alayo purchased a parcel of land on installment basis from the Magdalena Estate, Inc,
indicating his civil status as married to Josefa R. Bosing, his common-law partner.
During NCC
October 6, 1959: In a letter addressed to Magdalena Estate, Inc., he authorized the latter to transfer the
lot in the name of his "wife Josefa R. Bosing."
October 24, 1959: The final deed of sale was executed by Magdalena Estate, Inc.
June 6, 1958: Alayo married Josefa even while his prior marriage with Juliana was still subsisting.
March 11, 1967: Alayo died.
September 17, 1970: Josefa and Josephine executed a document of extrajudicial partition and sale of the
lot in question, which was there described as "conjugal property" of Josefa and deceased Alayo
Josefa's supposed 1/2 interest as surviving spouse of Alayo, as well as her 1/4 interest as heir,
was conveyed to Josephine for a P10,000.00 consideration, thereby completing for herself, along
with her 1/4 interest as the surviving child of Alayo, a full "ownership" of the property.
June 6, 1974: A new TCT No. 198840 was issued in the name of Josephine.
October 30, 1980: Juliana (deceased Alayo's real widow) and her three legitimate children filed with the
court a quo an action for reconveyance of the property.
The trial court ruled in favor of Juliana and her children, ordering Josephine execute a deed of
reconveyance of the property in question to the legal heirs of the deceased.
The CA affirmed the trial court decision in ordering Josephine to execute the said deed.
ISSUE: W/N the property belonged to the conjugal partnership of Alayo and his wife Juliana.
HELD: YES.
Persons and Family Relations | Dean Mawis | G01 | CAL
Under both the NCC (Article 160) and the OCC (Article 1407), "all property of the marriage is
presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to
the husband or to the wife." This presumption has not been convincingly rebutted.
The property unquestionably was acquired by Alayo. Alayo's letter, dated October 6 1959, to
Magdalena Estate, Inc., merely authorized the latter to have the title to the property transferred to
Josefas name.
More importantly, Josefa implicitly recognized Alayo's ownership when, three years after the
death of Alayo, she and Josephine executed the deed of extrajudicial partition.
On the Issue of Constructive or Implied Trust

Furthermore at the time that the adjudication of ownership was made following Alayo's demise, a
constructive trust was deemed to have been created by operation of law under the provisions of
Article 1456 of the Civil Code:
"Article 1456. If property is acquired through mistake or fraud, the person obtaining it is,
by force of law, considered a trustee of an implied trust for the benefit of the person from
whom the property comes.
The applicable prescriptive period for an action seeking a reconveyance of the property by the
beneficiaries thereof is 10 years (Article 1144, Civil Code). Ordinarily, that period starts from the
establishment of the implied trust being the day when the cause of action would be considered to
have accrued (Article 1150, Civil Code).
Unfortunately for Josefa and Josephine, however, the property involved in this case is a realty
titled under the Torrens System. The prescriptive period is thus to be counted from the time the
transaction affecting the property is registered with the corresponding issuance of a new
certificate of title.
Between the time TCT No. 198840 was issued on 06 June 1974, and the filing of the action for
the reconveyance of the property with the court a quo on 30 October 1980, barely a period of six
(6) years and four (4) months had elapsed. The case has accordingly been initiated seasonably.
WHERFORE, the decision appealed from is AFFIRMED.

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Persons and Family Relations | Dean Mawis | G01 | CAL

March 11, 1967: Alayo died.

On the Issue of Constructive or Implied Trust

WHERFORE, the decision appealed from is AFFIRMED.

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