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    (05.H.07.d.03) Quiao Vs - Quiao

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    wintervanilla1214
    - The Regional Trial Court granted legal separation between Brigido Quaio and Rita Quiao, dividing their properties equally but forfeiting Brigido's share of net profits in favor of their common children. - Brigido appealed, arguing the forfeiture was invalid. - The Supreme Court denied the appeal, finding that under the applicable Family Code, the forfeiture was valid since legal separation was granted for causes attributable to Brigido.

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    (05.H.07.d.03) Quiao Vs - Quiao

    Uploaded by

    wintervanilla1214
    188 views1 page
    - The Regional Trial Court granted legal separation between Brigido Quaio and Rita Quiao, dividing their properties equally but forfeiting Brigido's share of net profits in favor of their common children. - Brigido appealed, arguing the forfeiture was invalid. - The Supreme Court denied the appeal, finding that under the applicable Family Code, the forfeiture was valid since legal separation was granted for causes attributable to Brigido.

    Original Title

    [05.H.07.d.03] Quiao vs.quiao

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    - The Regional Trial Court granted legal separation between Brigido Quaio and Rita Quiao, dividing their properties equally but forfeiting Brigido's share of net profits in favor of their common children. - Brigido appealed, arguing the forfeiture was invalid. - The Supreme Court denied the appeal, finding that under the applicable Family Code, the forfeiture was valid since legal separation was granted for causes attributable to Brigido.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    188 views1 page

    (05.H.07.d.03) Quiao Vs - Quiao

    Uploaded by

    wintervanilla1214
    - The Regional Trial Court granted legal separation between Brigido Quaio and Rita Quiao, dividing their properties equally but forfeiting Brigido's share of net profits in favor of their common children. - Brigido appealed, arguing the forfeiture was invalid. - The Supreme Court denied the appeal, finding that under the applicable Family Code, the forfeiture was valid since legal separation was granted for causes attributable to Brigido.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    You are on page 1of 1

    Quiao vs.

    Quaio

    Effects of Annulment: On the property regime of the marriage

    Brigido B. Quiao (petitioner) vs. Rita Quaio, Kitchie Quiao, Lotis C. Quiao, Petchie Quiao
    (respondents)

    Ponente: J. Reyes

    Legal Action: Petition for review on certiorari of an order of the Regional Trial Court of Butuan
    City

    Facts:
    - On October 26, 2000, Rita Quiao filed a complaint for legal separation against Brigido Quaio.
    The Regional Trial court rendered that the herein parties shall be entiltled to live separately from
    each other but the marriage bond shall not be severed. Their properties shall be divided equally
    between the respondent and petitioner. Petioner's share of the net profits earned by the
    conjugal partnership is forfeited im favor of the common children.

    Issue: WoN the forfeiture of the net profits share of the petitioner is valid.

    Held/Ratio:
    - Yes. Since the time of the dissolution of the petioner and the respondent's marriage the
    operative law is already the Family Code, the same applies in the instant case and the
    applicable law in so far as the liquidation of the conjugal partnership assets and liabilities
    concerned is Article 129 of the Family Code in relation to Article 63(2) of the Family Code.
    Article 63(2) is applicable through the retroactive effects of the Family Code because no vested
    rught of the petitioner was impaired.

    Art. 129 (7) - "The net remainder of the conjugal partnership properties shall constitute the
    profits, shall be divided equally between husband and wife, unless a different proportion or
    division was agreed upon in the marriage settlements or unless there has been a voluntary
    waiber or forfeiture of such share as provided in this Code."

    Art. 63 (2) - "The absolute community or the conjugal partnership shall be dissolved and the
    liquadated but the offending spuse shall have no right to any share of the net profits earned by
    the absolute community or the conjugal partnership, which shall be forfeited in accordance with
    the provisions of Article 43 (2)."

    Decision: The petition was denied.

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