Answer Lovi Biton

7/27/2019 Answer Lovi Biton

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Pinay ForeignerArticle XII, Section 7 provides:

Save in cases of hereditary

succession, no private lands shall be

transferred or conveyed except to

individuals, corporations, or

associations qualified to acquire or

hold lands of the public domain.

Art. 148 of the Family Code:

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. In the

absence of proof to the contrary,

their contributions and correspondingshares are presumed to be equal.

The same rule and presumption shall

apply to joint deposits of money and

evidences of credit. If one of the

parties is validly married to another,

his or her share in the co-ownership

shall accrue to the absolute

community or conjugal partnership

existing in such valid marriage. If the

party who acted in bad faith is not

validly married to another, his or her

shall be forfeited in the manner

provided in the last paragraph of the

preceding Article. The foregoing rules

on forfeiture shall likewise apply even

if both parties are in bad faith.The Constitution is the basic and

paramount law to which all laws,

rules and regulations must conform

Article 10 of the Civil Code:

In case of doubt in the interpretation

or application of laws, it is presumed


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and to which all persons, including

the highest official must defer.

(Justice Isagani Cruz, Philippine

Political Law, 1996)

that the lawmaking body intended

right and justice to prevail.

The Supreme Court ruled that

allowing a foreigner to reimburse

used for the acquisition of a property

in the Philippines will permit him to

enjoy the fruits of a property which

he is not allowed to own under the

Constitution. (Muller vs Muller)

Paragraph 15 of plaintiffs complaint

Properties were bought using the

personal money of the plaintiff and

were only registered in the name of

the defendant

The title of the property are named

under the Filipina, Lovi Biton.

Certificates of the title are not source

of right. The mere possession of a

title does not make one the true

owner of the property (Borromeo v.

Descallar)There are only two instances where a

foreigner can own a property in the

Philippines: if he be a naturalized

citizen or he caused the transfer of

the deed to another Filipino citizen.

(Borromeo vs Descallar)

Article 22-23 of The New Civil Code;

Unjust Enrichment

As already observed, the finding

that his wife had used her own

money to purchase the property

cannot, and will not, at this stage of

the proceedings be reviewed and

overturned. But even if it were a fact

that said wife had used conjugal

funds to make the acquisition, the

considerations just set out to militate,

on high constitutional grounds,


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against his recovering and holding

the property so acquired, or any part

thereof. And whether in such an

event, he may recover from his wife

any share of the money used for the

purchase or charge her with

unauthorized disposition or

expenditure of conjugal funds is not

now inquired into; that would be, in

the premises, a purely academic

exercise. (Cheesman vs Intermediate

Appellate Court)

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Answer Lovi Biton