Quiao v Quiao
Short Description
Quiao vs. Quiao...
Description
Brigido B. QUIAO, petitioner , vs. Rita C. QUIAO, Kitchie C. Quiao, Lotis C. Quiao, Petchie C. Quiao, represented by their other Rita Quiao, respondents. !.R. "o. #$%&&%.
'u(y ), *+#*
OPIC- //ects //ects o/ annu(ent 0 on the property regie o/ the arriage PO""- Reyes, '. "AUR O1 ACIO"- Petition /or Revie2 on Certiorari to set aside RC Order and issue a Reso(ution de/ining net pro/its
1AC3•
•
• •
•
Brigido and Rita 2ere arried soetie in #4$$. he Civi( Code 5not 1ai(y Code6 governed their arriage, and because they did not stipu(ate a property regie, theirs 2as autoatica((y a Con7uga( Partnership o/ !ains. In *+++, Rita /i(ed a cop(aint /or (ega( separation against Brigido. October #+, *++& 0 the RC granted the separation. It a(so ru(ed thatRita gets custody o/ the three inor chi(dren8 o o he eight reaining properties be e9ua((y divided bet2een the spouses, sub7ect to the respective (egities o/ the chi(dren and the payent o/ unpaid con7uga( (iabi(ities8 Brigido:s share o/ the net profits earned by by the con7uga( partnership is /or/eited in /avor o o/ their coon chi(dren8 and Brigido ust reiburse attorney:s /ees and (itigation e;penses. o "o otion /or reconsideration or appea( 2as /i(ed a/ter2ards. Rita < co. /i(ed a otion /or e;ecution on =ec. #*, *++&. It 2as granted on =ec. #%, and the >rit o/ ;ecution 2as issued on 1eb. #+, *++%. On 'u(y %, *++%, Brigido partia((y cop(ied by paying his share o/ the con7uga( share, the attorney:s /ees, and the (itigation e;penses. 'u(y $, *++% 0 Brigido /i(ed a ?otion /or C(ari/ication be/ore the RC, as@ing the to de/ine the ter net profits earned . .
RTC RULING: •
•
•
August #, *++% 0 the RC de/ined the ter as the reainder o/ the properties o/ the parties a/ter deducing the separate properties o/ each spouse and the debts. In this Order, the RC RC a(so said said that, that, becaus because e the the o//end o//ending ing spouse spouse 5Brig 5Brigido ido66 has no right right to the reain reainder der o/ the properties, it sha(( be /or/eited in /avor o/ the coon chi(dren pursuant to Arts. %5*6 and )5*6 o/ the 1ai(y Code. "oveber D, *++% 0 a/ter Brigido /i(ed a ?otion /or Reconsideration, the RC issued another Order. Eere, the RC he(d that the net profits earned shou(d be coputed in accordance 2ith Art. #+*5)6 o/ the 1ai(y Code. Code. 'anuary D, *++$ 0 this tie, Rita /i(ed a ?otion /or Reconsideration and this Order set aside the "ov. D Order, and reinstated the Aug. # Order.
ISSUES:
#. >O" the Octobe Octoberr #+, *++& =ecision =ecision o/ o/ the RC 2as 2as /ina( and and e;ecutory e;ecutory by the tie tie the 'u(y $, *++% ?otion 2as /i(ed. *. >hether Art. Art. #*4 or Art. #+* o/ the 1ai(y Code Code app(ies in in the coputation coputation o/ properties properties in this this case.
. >hat is the eaning o/ the ter net profits earned F October #+, *++& =ecision o/ the RC a//ired8 'anuary D, *++$ Order o/ the RC c(ari/ied. #. Ges, it 2as. Brigido argues that he 2as 9uestioning a void 7udgent, there/ore he 2as not (iited by the reg(eentary period to appea(. his is not the case, because a 7udgent is void on(y 2hen the court rendering it has no po2er to grant the re(ie/, or no 7urisdiction over the sub7ect atter or the parties. he RC in this case had the po2er and the 7urisdiction over the case, hence, the 7udgent 2as not void. Being va(id, the =ecision attained /ina(ity 2hen no appea( 2as /i(ed 2ithin the reg(eentary period.
HELD:
•
*. Art. #*4 app(ies. >hi(e the coup(e 2as arried be/ore the e//ectivity o/ the 1ai(y Code, their separation too@ p(ace 2hen the said Code 2as operative8 there/ore, the 1ai(y Code is the app(icab(e (a2 in the (i9uidation o/ CP! assets and (iabi(ities. Brigido did not (ose his vested right in the properties because he 2as accorded his right to due process, evident in the court processes he 2ent through. A(so, Art. #$% o/ the 1ai(y Code speci/ica((y states that the gui(ty spouse ust /or/eit hisHher share in the con7uga( partnership pro/its. A(so, because the RC:s =ecision stated that Art. #*4 o/ the 1ai(y Code app(ies, and because that =ecision is /ina( and e;ecutory, then Art. #*4 shou(d app(y. •
•
•
. Art. #+*5)6 o/ the 1ai(y Code provides that net profits earned sha(( be the increase in va(ue bet2een the ar@et va(ue o/ the counity property at the tie o/ the ce(ebration o/ the arriage and the ar@et va(ue at the tie o/ its disso(ution. 1or the purposes o/ disso(ution and (i9uidation, the de/inition o/ Art #+*5)6 sha(( govern, both /or ACP 5Art. #+*6 and CP! 5Art. #*46. >ith Art. #*4, Art. #+*5)6 on(y serves to =1I" net profit . •
•
•
ACPa. An inventory (isting separate(y the abso(ute counity properties and the e;c(usive properties o/ each spouse sha(( be ade. b. =ebts and ob(igations o/ the abso(ute counity 2i(( be paid out o/ the abso(ute counity:s assets. I/ insu//icient, the separate properties o/ each spouse 2i(( be so(idari(y (iab(e. c. >hatever:s (e/t o/ the separate properties 2i(( be returned to each spouse. d. he net reainder o/ the abso(ute counity is its net assets, 2hich 2i(( be divided e9ua((y bet2een the spouses. e. o copute net pro/its sub7ect to /or/eiture- net pro/itsJ ar@et va(ue o/ the abso(ute counity 5net assets a/ter payent o/ debts6 at the tie o/ disso(utionJ 0 ar@et va(ue o/ the abso(ute counity at the tie o/ ce(ebration o/ arriageJ 5"ote- the presuption is that, over tie, the abso(ute counity:s va(ue increased /ro the tie they 2ere arried to the tie they decided to ca(( it 9uits.6 CP!a. An inventory (isting separate(y the con7uga( partnership properties and the e;c(usive properties o/ each spouse sha(( be ade. b. Aounts advanced by the con7uga( partnership in payent o/ persona( debts o/ either spouse sha(( be credited as assets o/ the con7uga( partnership. c. ach spouse 2i(( be reibursed the e;c(usive /unds used to buy property, or the va(ue o/ e;c(usive property, i/ the (a2 trans/erred o2nership o/ such properties to the con7uga( partnership.
d. =ebts and ob(igations o/ the con7uga( partnership 2i(( be paid out o/ the con7uga( partnership:s assets. I/ insu//icient, the separate properties o/ each spouse 2i(( be so(idari(y (iab(e. e. >hatever:s (e/t o/ the separate properties 2i(( be returned to each spouse. /. he (oss or deterioration o/ ovab(es be(onging to either spouse, i/ used /or the bene/it o/ the /ai(y, sha(( be paid to the corresponding spouse /ro the con7uga( /unds. g. he net reainder o/ the con7uga( partnership properties is its pro/its, to be divided e9ua((y bet2een the spouses, un(ess other2ise stipu(atedHprovided. h. Presuptive (egities o/ the coon chi(dren sha(( be de(ivered upon the partition 5Art. . i. he con7uga( d2e((ing and the (ot on 2hich it is (ocated sha(( go to the spouse 2ith 2ho a7ority o/ the coon chi(dren reain, un(ess other2ise stipu(ated. he court 2i(( decide, i/ there is no a7ority. •
In both situations, app(ied to this case, Brigido gets nothing.
>ER1OR, the =ecision dated October #+, *++& o/ the Regiona( ria( Court, Branch # o/ Butuan City is A11IR?=. Acting on the ?otion /or C(ari/ication dated 'u(y $, *++% in the Regiona( ria( Court, the Order dated 'anuary D, *++$ o/ the Regiona( ria( Court is hereby CLARI1I= in accordance 2ith the above discussions. DISPOSITIVE PORTION:
DOCTRINE:
Property sett(eent is a bitch. 5But serious(y6 >hether because o/ annu(ent or (ega( separation, Arts. #+* and #*4 o/ the 1ai(y Code app(y 2hen it coes to (i9uidation o/ Abso(ute Counity assets and Con7uga( Property assets, respective(y, depending on the property regie o/ the spouses. >ithout stipu(ation, arriages be/ore the 1ai(y Code are under CP!, and arriages a/ter are under ACP. CONCURRING OR DISSENTING OPINIONS:
"HA
View more...
Comments