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oath that it was his father, Protacio Go, Sr. (Protacio, 3 Id., at pp. 22-24 (the contract was denominated as Deed of
Absolute Sale of a Portion of Real Property).
Sr.), not he, who had purchased the two parcels of land
4 Id., at p. 26.
(the property). 5 Id., at p. 27.
On November 25, 1987, Marta Barola Go died. She 6 Id., at pp. 1-7.
was the wife of Protacio, Sr. and mother of the 12
petitioners.2 On December 28, 1999, Protacio, Sr. and 12 SUPREMECOURT
REPORTSANNOTATED
his son Rito B. Go (joined by Ritos wife Dina B. Go)
HeirsofProtacioGo,Sr.and
sold a portion of the property with an area of 5,560 MartaBarolavs.Servacio
square meters to Ester L. Servacio (Servacio) for Servacio and Rito countered that Protacio, Sr. had
P5,686,768.00.3 On March 2, 2001, the petitioners exclusively owned the property because he had
demanded the return of the property,4 but Servacio purchased it with his own money.7
refused to heed their demand. On October 3, 2002,8 the RTC declared that the
After barangayproceedings failed to resolve the property was the conjugal property of Protacio, Sr. and
dispute,5 they sued Servacio and Rito in the Regional Marta, not the exclusive property of Protacio, Sr.,
Trial Court in Maasin City, Southern Leyte (RTC) for because there were three vendors in the sale to
the annulment of the sale of the property. Servacio (namely: Protacio, Sr., Rito, and Dina); that
The petitioners averred that following Protacio, Jr.s the participation of Rito and Dina as vendors had been
renunciation, the property became conjugal property; by virtue of their being heirs of the late Marta; that
and that the sale of the property to Servacio without under Article 160 of the Civil Code, the law in effect
the prior liquidation of the community property when the property was acquired, all property acquired
between Protacio, Sr. and Marta was null and void.6 by either spouse during the marriage was conjugal
_______________
unless there was proof that the property thus acquired
1 Original records, p. 20.
pertained exclusively to the husband or to the wife;
and that Protacio, Jr.s renunciation was grossly 13
Note.If the husband, without knowledge and Copyright 2016 Central Book Supply, Inc. All rights
consent of the wife, sells conjugal property, such sale is reserved.