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issued in favor of the respondent wife the preliminary injunction now under
challenge.
TAN VS. CA
G.R. No. 120594. June 10, 1997
FACTS:
On April 17,1989, a case for partition and accounting was instituted by the
spouses Alfonso and Eteria Tan against Alfonsos brothers, Celestino and
Maximo Tan. Spouses claimed that 1/3 of the 906 square meter residential lot
was brought to their conjugal property during their marriage. However,
brothers of Alfonso objected the claim. They claimed that the subject
property was inherited by them from their mother and was divided among
them, Alfonso, Celestino and Maximo.
Eteria, admitted that she is legally married to Alfonso but they were now
living separately by virtue of a decree of legal separation. The Regional Trial
Court ruled in favor of Alfonso and Eteria, however, the Court of Appeals
decided otherwise.
ISSUE:
Whether or not the said 1/3 of the subject property is a conjugal property of
Eteria and Alfonso.
RULING:
It was held by the Court that, the Husbands acquisition by succession of a
parcel of land during his marriage to his wife simply means that the lot is his
exclusive property because it was acquired by him during the marriage by
lucrative title.