5/28/2020
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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
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