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The claim was not satisfactorily proven by Guillerma since there were no
other evidence presented to validate it except for the said affidavit. Even if
the allegations of having cohabited with Mario and that she bore him two
children were true, the claim of co-ownership still cannot be accepted. Mario
is validly married with Lourdes hence Guillerma and Mario are not
capacitated to marry each other. The property relation governing their
supposed cohabitation is under Article 148 of the Family Code. Actual
contribution is required by the said provision in contrast to Art 147 which
states that efforts in the care and maintenance of the family and household
are regarded as contributions to the acquisitions of common property by one
who has no salary, income, work or industry. Such is not included in Art 148.
If actual contribution is not proven then there can be no co-ownership and no
presumption of equal shares.