7. Agapay vs. CA.docx - 7 Agapay v Palang G.R No 116668 28 July 1997 FACTS Miguel Palang married his first wife Carlina in 1949 In 1972 Miguel returned

7. Agapay vs. CA.docx - 7 Agapay v Palang G.R No 116668 28...

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7. Agapay v. Palang G.R. No. 116668, 28 July 1997 FACTS: Miguel Palang married his first wife Carlina in 1949. In 1972, Miguel returned to the Philippines for good but did not choose to live with his wife and daughter Herminia. In July 1973, then 63 years old Miguel contracted his second marriage with 19 years old Erlinda Agapay. In May 1973 or two months prior to their marriage Miguel and Erlinda jointly purchased a parcel of agricultural land located at San Felipe, Binalonan, Pangasinan. Upon the death of Miguel in 1981, Carlina and Herminia filed a case to recover the ownership and possession of the Agricultural land in Pangasinan. ISSUE: Whether or not the property acquired during the illicit cohabitation or subsequent void marriage (Erlinda and Miguel) belongs to conjugal property of the first and valid marriage (Carlina and Miguel). RULING: Yes. The provision of law applicable here is Article 148 of the Family Code providing for cases of cohabitation when a man and woman who are not
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