5/28/2020
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entered on 29 June 2005 by the Superior Court of California, County of San Mateo. He
demanded that the conjugal partnership properties, which also include the USA
properties, be liquidated and that all expenses of liquidation, including attorney’s fees
of both parties be charged against the conjugal partnership.[9]
The RTC of Baler, Aurora simplified the issues as follow:
1. Whether or not respondent David A. Noveras committed acts of
abandonment and marital infidelity which can result into the forfeiture
of the parties’ properties in favor of the petitioner and their two (2)
children.
2. Whether or not the Court has jurisdiction over the properties in
California, U.S.A. and the same can be included in the judicial
separation prayed for.
3. Whether or not the “Joint Affidavit” x x x executed by petitioner Leticia
T. Noveras and respondent David A. Noveras will amount to a waiver or
forfeiture of the latter’s property rights over their conjugal properties.
4. Whether or not Leticia T. Noveras is entitled to reimbursement of onehalf of the P2.2 [M]illion sales proceeds of their property in Sampaloc,
Manila and one-half of the P1.5 [M]illion used to redeem the property
of Atty. Isaias Noveras, including interests and charges.
5. How the absolute community properties should be distributed.
6. Whether or not the attorney’s fees and litigation expenses of the
parties were chargeable against their conjugal properties.
Corollary to the above is the issue of:
Whether or not the two common children of the parties are entitled to support and
presumptive legitimes.[10]
On 8 December 2006, the RTC rendered judgment as follows:
1. The absolute community of property of the parties is hereby declared
DISSOLVED;
2. The net assets of the absolute community of property of the parties in
the Philippines are hereby ordered to be awarded to respondent David
A. Noveras only, with the properties in the United States of America
remaining in the sole ownership of petitioner Leticia Noveras a.k.a.
Leticia Tacbiana pursuant to the divorce decree issued by the Superior
Court of California, County of San Mateo, United States of America,
dissolving the marriage of the parties as of June 24, 2005. The titles
presently covering said properties shall be cancelled and new titles be
issued in the name of the party to whom said properties are awarded;
3. One-half of the properties awarded to respondent David A. Noveras in
the preceding paragraph are hereby given to Jerome and Jena, his two
minor children with petitioner Leticia Noveras a.k.a. Leticia Tacbiana as
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57649
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