GR NO 171904 AUGUST 7, 2013

TAN VS ANDRADE ET AL
FACTS
Rosario Andrade was the registered owner of 4 parcels of which she mortgaged
to Simon Diu. When the redemption period was about to expire, Rosario sought the
assistance of Bobby Tan. Thereafter, Rosario sold the same to bobby and her son,
Proceso as evidenced by a Deed of Absolute Sale. Bobby extended an option to buy the
subject properties to Proceso but when Proceso failed to purchase the land, Bobby
consolidated his ownership over the properties and the TCTs were issued in his name.
Rosario’s children filed a complaint for reconveyance and annulment of deeds and
damages against Bobby. The RTC dismissed the complaint and the CA upheld the trial
court’s ruling.

ISSUE
Whether or not the properties belong to the conjugal partnership of Rosario and
her late husband.

RULING
The Supreme Court ruled that 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. At the case at bar, records show that the conjugal partnership of Rosario
and her husband was terminated upon the latter’s death while the transfer certificates of
title over the subject properties were issued on September 28, 1979 and solely in the
name of "Rosario Vda. de Andrade, of legal age, widow, Filipino." Thus, the Court ruled
in favor of the RTC’s finding that the subject properties were exclusive or sole properties
of Rosario.