5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly PROPERTY House and Lot at 1155 Hanover Street, Daly City, California Furniture and furnishings Jewelries (ring and watch) 2000 Nissan Frontier 4x4 pickup truck Bank of America Checking Account Bank of America Cash Deposit Life Insurance (Cash Value) Retirement, pension, profitsharing, annuities FAIR MARKET VALUE $550,000.00 (unpaid debt of $285,000.00) $3,000 $9,000 $13,770.00 $8,000 $10,000.00 $100,000.00 $56,228.00[4] The Sampaloc property used to be owned by David’s parents. The parties herein secured a loan from a bank and mortgaged the property. When said property was about to be foreclosed, the couple paid a total of P1.5 Million for the redemption of the same. Due to business reverses, David left the USA and returned to the Philippines in 2001. In December 2002, Leticia executed a Special Power of Attorney (SPA) authorizing David to sell the Sampaloc property for P2.2 Million. According to Leticia, sometime in September 2003, David abandoned his family and lived with Estrellita Martinez in Aurora province. Leticia claimed that David agreed to and executed a Joint Affidavit with Leticia in the presence of David’s father, Atty. Isaias Noveras, on 3 December 2003 stating that: 1) the P1.1Million proceeds from the sale of the Sampaloc property shall be paid to and collected by Leticia; 2) that David shall return and pay to Leticia P750,000.00, which is equivalent to half of the amount of the redemption price of the Sampaloc property; and 3) that David shall renounce and forfeit all his rights and interest in the conjugal and real properties situated in the Philippines.[5] David was able to collect P1,790,000.00 from the sale of the Sampaloc property, leaving an unpaid balance of P410,000.00. Upon learning that David had an extra-marital affair, Leticia filed a petition for divorce with the Superior Court of California, County of San Mateo, USA. The California court granted the divorce on 24 June 2005 and judgment was duly entered on 29 June 2005. [6] The California court granted to Leticia the custody of her two children, as well as all the couple’s properties in the USA.[7] On 8 August 2005, Leticia filed a petition for Judicial Separation of Conjugal Property before the RTC of Baler, Aurora. She relied on the 3 December 2003 Joint Affidavit and David’s failure to comply with his obligation under the same. She prayed for: 1) the power to administer all conjugal properties in the Philippines; 2) David and his partner to cease and desist from selling the subject conjugal properties; 3) the declaration that all conjugal properties be forfeited in favor of her children; 4) David to remit half of the purchase price as share of Leticia from the sale of the Sampaloc property; and 5) the payment of P50,000.00 and P100,000.00 litigation expenses.[8] In his Answer, David stated that a judgment for the dissolution of their marriage was elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57649 2/13

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