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    Tambuyat V Tambuyat

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    Migs Gayares
    The Supreme Court ruled that Wenifreda is the legitimate spouse of Adriano based on the following: 1) Adriano and Wenifreda were legally married, while Rosario remained married to Eduardo. 2) The subject property was acquired during Adriano's marriage to Wenifreda. 3) Rosario's inclusion as Adriano's spouse on the title was done in error, as the evidence showed Wenifreda was his lawful wife.

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    Tambuyat V Tambuyat

    Uploaded by

    Migs Gayares
    483 views1 page
    The Supreme Court ruled that Wenifreda is the legitimate spouse of Adriano based on the following: 1) Adriano and Wenifreda were legally married, while Rosario remained married to Eduardo. 2) The subject property was acquired during Adriano's marriage to Wenifreda. 3) Rosario's inclusion as Adriano's spouse on the title was done in error, as the evidence showed Wenifreda was his lawful wife.

    Original Title

    71. Tambuyat v Tambuyat

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    The Supreme Court ruled that Wenifreda is the legitimate spouse of Adriano based on the following: 1) Adriano and Wenifreda were legally married, while Rosario remained married to Eduardo. 2) The subject property was acquired during Adriano's marriage to Wenifreda. 3) Rosario's inclusion as Adriano's spouse on the title was done in error, as the evidence showed Wenifreda was his lawful wife.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    483 views1 page

    Tambuyat V Tambuyat

    Uploaded by

    Migs Gayares
    The Supreme Court ruled that Wenifreda is the legitimate spouse of Adriano based on the following: 1) Adriano and Wenifreda were legally married, while Rosario remained married to Eduardo. 2) The subject property was acquired during Adriano's marriage to Wenifreda. 3) Rosario's inclusion as Adriano's spouse on the title was done in error, as the evidence showed Wenifreda was his lawful wife.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    74.

    TAMBUYAT v TAMBUYAT
    G.R. No. 202805 It clearly indicates that Adriano was married to Wenifreda, while Rosario was married to
    March 23, 2015 Eduardo. That both marriages were subsisting during the acquisition of the subject property
    By: Miguel Gayares and that the issuance of the subject certificate title. Thus, it cannot be said. That Adriano and
    Topic: The Concept and Nature of Marriage Rosario were husband and wife to each other; it cannot even be said that they have a
    Petitioner: Rosario Banguis - Tambuyat common-law relationship at all. Consequently, Rosario cannot be included or named in the
    Respondent: Wenifreda Balcom – Tambuyat TCT as Adriano’s spouse since such right and privilege belonged to Wenifreda alone.
    Ponente: Del Castillo, J.
    There is a view under Art. 332 of the RPC that the term “spouse” embraces a common law
    DOCTRINE: We hold that the provisions of the Civil Code, when referring to a “spouse”, relation for purposes of exemption from criminal liability in cases of theft, swindling, and
    contemplates the meaning of a lawfully wedded spouse. malicious mischief committed or caused mutually by spouses. The RPC makes no distinction
    between a couple whose cohabitation is sanctioned by a sacrament or legal tie and another
    FACTS: who are de facto husband and wife. But this view cannot apply to this case.
     Adriano and respondent, Wenifreda, were married. During their marriage, Adriano
    acquired a 700-square meter parcel of land in Bulacan, which is the subject We hold that the provisions of the Civil Code, unless expressly providing to the contrary as in
    property of this case. Art. 144, when referring to a “spouse”, it contemplates the meaning of a lawfully wedded
     The deed of sale was signed by Adriano as the long vendee. One of the signing spouse.
    witnesses is petitioner, Rosario, who signed as “Rosario Banguis.” However, when
    the TCT for the property was issued, it was made under the name of “Adriano DISPOSITIVE: Wherefore, the petition is denied and the CA decision is affirmed.
    Tambuyat married to Rosario Banguis.
     During this time, Rosario remained married to Eduardo Nolasco. This marriage
    subsisted and was never annulled.
     Adriano died intestate eventually, which prompted Wenifreda to file a Petition for
    Cancellation for the said TCT. She alleged that she was the surviving spouse of
    Adriano and that the TXT was erroneously registered. Thu, she prayed that a new
    one be issued and made out in Adriano’s own name with her as the spouse, and
    that the old one issued to Rosario be cancelled.
     Rosario, however, specifically denied that the property was acquired by Adriano
    during his marriage with Wenifreda, and that she bought the subject property using
    her personal funds. Furthermore, she alleged that she and Adriano were married
    and lived together as a married couple such that they had a son due to that
    relationship.
     RTC: Judgment is rendered in favor of Wenifreda. It found that Wenifreda is the
    surviving spouse of Adriano, and that the property was acquired during their
    marriage, but it was registered in the name of another.
     CA: Affirmed the RTC, citing the same findings and explaining that Rosario’s name
    was included in the TCT by error or mistake. That based on the evidence presented
    in the RTC, Wenifreda is the lawful wife of Adriano; that Rosario is married to
    Eduardo, which is an admitted fact during trial; and that Rosario’s opposition is not
    real and genuine; hence, Rosario’s appeal.

    ISSUE: Whether or not Wenifreda is the legitimate spouse of Adriano?

    RULING: YES. As correctly ruled by the CA, the preponderance of evidence points to the fact
    that Wenifreda is the legitimate spouse of Adriano.

    The documentary evidence presented, which included the marriage contracts and marriage
    certificates of both parties, are considered the primary evidence of a marital union.

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