UP LAW A-2015 DIGEST SYSTEM [PERSONS AND FAMILY RELATIONS | Prof.

Pangalangan]
Property Regime of Unions Without Marriage JUANIZA V. JOSE 89 SCRA 306 30 March 1979 Ponente: De Castro, J. Keywords: paramour, no co-ownership QuickGuide: The common law wife (paramour) of the owner of the jeepney which got into an accident cannot be held liable for the damages arising from the accident. Facts: Ratio: -

PERSONS A-2015 | AY 2010-2011 - I

Art. 144 pertains only to those common-law relationships where neither of the parties suffer from any legal impediment to marry. Herein respondent is legally married to another woman and is thus incapacitated to marry herein petitioner. Co-ownership cannot apply to their relationship. Herein petitioner is not considered a coowner of the jeepney. Moreover, the jeepney was registered only under the name of respondent. Roe Anuncio

Herein respondent owned and operated a jeepney which got involved in an accident of collision, causing death to 7 and physical injuries to 5. Herein petitioner was held by the lower court to be jointly and severally liable (with respondent), as respondents paramour/common-law wife, to the damages arising from the accident. Lower court based their decision on Art. 144, CC: When a man and woman living together as husband and wife, but they are not married, or their marriage is void from the beginning, the property acquired by either or both of them through their work or industry or their wages and salaries shall be governed by the rules on ownership.

Issue: -

WON petitioner can be held liable for the obligations arising from the accident to which respondents property was involved; or WON common-law relationship, where one party is incapacitated to marry, automatically adopts co-ownership by virtue of the CC

Ruling: NO. Petitioner shall not be held liable for the damages.