Dela Pena vs.

Avila
GR 187490
2/8/12
Facts: Antonia was validly married to Antegono and had a son Alvin. There was a
land of 277 sq. mts. lot covered by a TCT in the name of Antonia married to
Antegono. Later on Antonia sold this land to Jema. The deed of sale executed by
Antonia did not have any marital consent. Jema then got a loan from a Bank(BPI).
Because Jema failed to pay this particular loan this lot was already now sold in a
foreclosure sale. The title was now consolidated in the name of BPI. Later on Antonia
want to annul this particular sale to Jema so that Jema will not be the owner
anymore.
Issue: WON the property is part of the conjugal property of the spouses or a
paraphernal property of Antonia.
Held: Art. 160. All property of the marriage is presumed to belong to the conjugal
partnership unless it proved that it pertains exclusively to the husband or the wife.
However, the party who invokes this presumption must first prove that the property
in controversy was acquired during the marriage.
Since there was no showing as to when the property was acquired, the fact that this
particular property was in the name of the wife alone is determinative of it nature as
paraphernal.

Note: if the TCT is in the name of The spouse so and so, that could really mean
that the property was acquired during the marriage. However if the property is titled
in the name of one of the spouses, married to so and so, it is not really conclusive
that the property is conjugal. The one that invokes the presumption must first prove
that the property in controversy was acquired during the marriage.