Nicxon Perez vs. Avegail Perez-Senerpida

G.R. No. 233365, March 24, 2021


Spouses Eliodoro and Adelita Perez were the registered owners of a parcel of land in Olongapo City. Prior to his marriage with Adelita, Eliodoro was married and had several children, one of whom was Nicxon Perez, Sr., who sired Nicxon, Jr.

  • In 1995, Adelita executed a Renunciation and Waiver of Rights in favor of Eliodoro.
  • In 2004, Eliodoro donated the parcel of land to the petitioner Nicxon Jr..
  • In 2005, Eliodoro filed a petition for the declaration of nullity of marriage under Art. 36 of the Family Code. The court eventually declared the marriage between Eliodoro and Adelita void ab initio.
  • June 28, 2008, Eliodoro died
  • April 14, 2009, an Extrajudicial Settlement Among Heirs with Waiver was executed and signed by his legitimate and compulsory heirs.
  • September 30, 2010,  Avegail Perez-Senerpida brought an action for Annulment of Donation and Title with Prayer for a TRO and a Writ of Preliminary Injunction against Nicxon, alleging that she is one of the children of the late Eliodoro and Adelita.
  • Nicxon filed his Answer (With Counterclaims) denying Avegail’s allegation that Adelita is part owner of the subject property together with the late Eliodoro and argued that even if she was indeed part owner, she has no more right thereon when she executed the [RWR] in 1995.


Whether consent to the donation of property acquired during the cohabitation of a man and a woman under a void marriage is required just like in a lawfully married couple


Yes. For a couple living under a void marriage, consent of the other party is required for the donation of property acquired during cohabitation under a void marriage.

Article 147 of the Family Code covers the exclusive cohabitation of a man and woman as husband and wife without the benefit of marriage or under a void marriage.

With Article 493 of the Civil Code as basis, Eliodoro could have alienated onerously or gratuitously his part or share in the subject property to Nicxon without the consent of Adelita, who was half co-owner thereof, and the alienation would have been limited to the half portion allotted to Eliodoro upon termination of the co-ownership or partition.

However, Article 493 of the Civil Code cannot supersede and must yield to, Article 147 of the Family Code, which expressly mandates that: “Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.

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