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Art.189, Sec.7, Chapter 4 of the Civil Code of the Phils.

Main Topic: Liquidation of the Conjugal Partnership
Sub. Topic: Chapter 4 Conjugal Partnership of Gains




Art. 189. Whenever the liquidation of the partnership of two or more marriages contracted by the same person should be carried out at the same time, in order to determine the capital of each partnership all kinds of proof in the absence of inventories shall be admitted; and in case of doubt, the partnership property shall be divided between the different partnerships in proportion to the duration of each and to the property belonging to the respective spouses.



Discussion/Explanation:


          This article described that upon the liquidation of the property, it's in need to see all the proofs for proper and equal distribution of conjugal property among two or more marriages contracted by the same person. The conjugal partnership formed by the second marriage was dissolved before judicial declaration of its nullity, the only just and equitable solution in this case would be to recognize the right of the second wife to have share of one-half in the property acquired by her and her husband, and consider the other half as pertaining to the conjugal partnership of the first marriage.

However, the real properties listed in the supplementary inventory are not included, because they definitely belong to the estate of the husband as the latter’s inheritance for his parents. It is one-half of the properties that pertain to the first conjugal partnership belong to her husband as his conjugal shares upon marriage, while the other half shall be considered as inherited by him and his five children as the heirs of the first wife. The properties pertain to the second partnership shall also be equally divided that one-half will belong to the husband and the other will be on the second wife, as their respective shares in their conjugal partnership properties. Then the shares of the husband should be divided among heirs, namely the second wife and his five children. The estate/property of the second wife were  shall be consist of one-half share in the conjugal properties of the aforesaid second marriage upon distribution and her one-sixth share in the estate of their husband as an heir.

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