Below is a comprehensive discussion about claiming sole ownership of what was originally conjugal property in the Philippines after one spouse has fraudulently mortgaged the property and forged signatures or documents. This overview is based on Philippine laws, jurisprudence, and general legal principles. Note that this is for informational purposes only and should not be construed as legal advice. For specific cases, it is best to consult a licensed attorney.

1. Legal Framework on Conjugal Property and Property Relations

A. Family Code of the Philippines

In the Philippines, property relations between spouses are primarily governed by the Family Code of the Philippines (Executive Order No. 209, as amended). Depending on the date of marriage and the marital property arrangement chosen (or not chosen) by the spouses, the applicable regime could be:

Absolute Community of Property (ACP) – applies by default to marriages celebrated on or after August 3, 1988, unless there is a prenuptial agreement stipulating otherwise.
Conjugal Partnership of Gains (CPG) – was the default regime for marriages before the Family Code took effect (under the Civil Code). It can also apply if validly chosen in a prenuptial agreement.
Complete Separation of Property – if spouses agree in a prenuptial contract or if the court decrees judicial separation of property for justifiable reasons.
Other Property Regimes – as agreed upon in a valid marriage settlement.

For brevity, this article focuses on the two most common regimes: Absolute Community of Property and Conjugal Partnership of Gains.

2. Nature of Conjugal (or Community) Property

A. Under Absolute Community of Property

All property owned by the spouses at the time of the celebration of the marriage or acquired thereafter generally forms part of the community property, subject to certain exclusions (e.g., those acquired by gratuitous title, personal effects, etc.).

B. Under Conjugal Partnership of Gains

Only the fruits (income), products, and acquisitions during the marriage form part of the partnership, though the individual property of each spouse remains theirs. In both regimes, however, any disposition or encumbrance of community or conjugal property generally requires the consent of both spouses.

3. Effect of Fraudulent Mortgage and Forgery on Conjugal Property

A. Requirement of Spousal Consent

Under both ACP and CPG, the law requires the written consent of both spouses for the sale, mortgage, or any encumbrance of conjugal or community property. In the absence of such consent, the mortgage can be rendered void or voidable depending on the circumstances.

Key Provision:

Article 124 (Family Code) – Under the regime of Absolute Community, any disposition or encumbrance of community property requires the consent of the other spouse.
Article 124 further states: If one spouse acted without the consent of the other, the transaction is void, but if the property was already in the hands of an innocent purchaser for value, only the portion that corresponds to the guilty spouse can be executed against.

B. Fraud and Forgery

Forgery of Signature
- If the spouse’s signature was forged, the mortgage or other encumbrance did not carry the valid consent of the non-signing spouse.
- Forgery is a criminal offense under the Revised Penal Code (e.g., Falsification of Public Document or Falsification under private writings, depending on the documents involved).
Fraudulent Mortgage
- If a spouse fraudulently obtains a mortgage by misrepresenting facts or forging documents to make it appear that the other spouse consented, that spouse could be liable for estafa, falsification, or fraud, depending on the specifics.

Because a mortgage typically involves real property registered under the Torrens system, a forged deed or mortgage contract is fundamentally void. Courts in the Philippines have repeatedly ruled that no valid title or encumbrance arises from a forged deed (see Heirs of Severa P. Gregorio v. CA, G.R. No. 179799, and related cases).

4. Claiming Sole Ownership of the Property

A. Grounds for Claiming Sole Ownership

Generally, property acquired during the marriage is presumed to be part of the conjugal partnership (CPG) or absolute community (ACP) unless proven otherwise. A spouse seeking to claim sole ownership must present competent and credible evidence that the property is his or her exclusive property under either of the following exceptions:

Inherited or Donated Property
- Properties acquired by gratuitous title (i.e., by inheritance or donation to one spouse) are usually excluded from the community or partnership property, unless the donor or testator otherwise provides.
Property Acquired Before Marriage
- If it was acquired prior to the marriage and no subsequent act brought it into the community or partnership property (e.g., it was not converted via any agreement or it did not become community property due to improvement financed by conjugal funds).
Judicial Declaration of Nullity of Mortgage
- If one spouse forged documents to mortgage the property, a judicial finding that such mortgage is void might pave the way for the innocent spouse to claim that the property should revert entirely to him or her if it was never legally part of the conjugal mass or if conjugal funds were not used to acquire it.

However, simply nullifying the mortgage or voiding it due to lack of consent does not automatically mean the property belongs solely to one spouse. The innocent spouse must still show legal basis for exclusivity.

B. The Role of Legal Separation or Dissolution of Marriage

In cases where the marriage is ongoing, the property typically remains governed by the existing regime (ACP or CPG). To definitively secure sole ownership, an action might be necessary to separate property judicially or, if applicable, to dissolve the marriage (annulment or declaration of nullity) and partition the assets.

Article 135 (Family Code) allows a spouse to file a petition for judicial separation of property if the other spouse has committed acts that endanger the family’s financial standing (e.g., repeatedly mortgaging or selling property without consent).

5. Remedies for the Innocent Spouse

When confronted with a fraudulent mortgage and forgery, the innocent spouse can take several legal steps:

Civil Action to Annul or Nullify the Mortgage
- File a petition in court to declare the mortgage void (due to lack of valid consent or forgery).
- The prayer should include a request to cancel the annotation of the mortgage on the Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT).
Criminal Charges for Forgery or Falsification
- If there is sufficient evidence, the innocent spouse can initiate criminal proceedings for falsification of public or private documents (Revised Penal Code, Arts. 171–172) and possibly estafa if there is deceit or damage.
- This requires filing a complaint before the Prosecutor’s Office with supporting evidence of the forged signatures and documents.
Petition for Separate Property or Judicial Separation of Property
- If the guilty spouse’s actions lead to financial ruin or serious risk, the innocent spouse may file for judicial separation of property under the Family Code.
- This would protect the portion of property belonging to the innocent spouse from further unauthorized transactions.
Annotation of Lis Pendens
- During the pendency of the annulment or nullification case, the innocent spouse may cause the annotation of a lis pendens on the title to alert third parties that the property is subject to litigation. This prevents further fraudulent conveyances.
Recovery of Damages
- If the mortgage is declared void, the innocent spouse might also be able to recover damages from the bank (if the bank was grossly negligent in verifying the authenticity of the documents) or from the guilty spouse.

6. Impact on Third Parties (e.g., Banks, Buyers)

A. Innocent Mortgagee for Value

Banks or lenders who accept a mortgage in good faith and without notice of any forgery or defect in the title are often protected, but forgery is generally considered a serious defect that prevents the creation of valid title. The Supreme Court has ruled that a forged deed or mortgage is null and void, and no amount of registration can validate it.

If the court finds that the mortgage was indeed forged, the bank or lending institution might lose its security (the mortgage) and could only pursue personal recourse against the spouse who committed fraud.
However, if the bank can show that the signature was not forged and all measures of due diligence were observed, it complicates the matter, and the burden of proof shifts to the spouse claiming forgery.

B. Buyers in Good Faith

If the property was subsequently sold to a buyer who claims to be a purchaser in good faith, the courts will balance the rights of the buyer versus the defrauded spouse. As a rule, a forged deed cannot be a root of valid title, so a subsequent sale is typically also void. A buyer or mortgagee must thoroughly verify the authenticity of the documents and the spouses’ consent.

7. Court Procedure and Evidence

A. Importance of Evidence

Proving forgery involves technical evidence, including:

Comparison of signatures by a handwriting expert
Testimony of the notary public (if the document was notarized)
Supporting documents (e.g., specimen signatures, affidavits)
Circumstantial evidence to show that the innocent spouse never participated in or consented to the mortgage

B. Court Filings

To claim sole ownership or seek protection from the fraudulent mortgage, the innocent spouse would typically file:

Civil Complaint (for nullification/annulment of mortgage, declaration of nullity of document, damages)
Petition for judicial separation of property (if needed)
Criminal Complaint (for forgery/falsification) – typically initiated with a sworn complaint-affidavit before the Prosecutor’s Office.

8. Practical Tips and Prevention

Title Verification
- Always verify the authenticity of the title with the Registry of Deeds and check for encumbrances.
Updated Tax Declarations and Records
- Ensure that tax declarations and real property tax payments are consistent with actual ownership.
Notarization and Due Diligence
- Be vigilant when signing legal documents. Appear personally before the notary public; never entrust crucial documents or sign blindly.
Swift Legal Action
- Once forgery is discovered, act immediately to prevent further transactions: file a lis pendens, contact the lender/bank, and seek legal counsel.

9. Summary of Key Points

Conjugal or Community Nature: Properties acquired during marriage are presumed conjugal or part of the community, requiring joint consent for any mortgage or sale.
Fraudulent Mortgage & Forgery: A mortgage executed with a forged signature is void. The innocent spouse can seek annulment or nullification of that mortgage.
Sole Ownership: To claim sole ownership, the spouse must show that the property is excluded from the conjugal pool under law (e.g., acquired before marriage or by inheritance). Otherwise, it remains part of the conjugal mass.
Legal Remedies: The innocent spouse may file civil actions to nullify the mortgage and criminal cases for forgery/falsification. Judicial separation of property may be pursued if the fraudulent acts endanger family finances.
Effect on Third Parties: A forged deed cannot give rise to valid title, thus mortgagees or buyers who rely on it generally cannot acquire rights. However, the burden is on the spouse claiming forgery to prove it convincingly in court.
Prevention: Personal appearance for notarization, proper documentation, and immediate legal steps upon discovering fraud are essential.

10. Conclusion

Claiming sole ownership of a conjugal property after a fraudulent mortgage and forgery is a legally intricate process that hinges on establishing the property’s correct classification (conjugal or exclusive), proving the forgery, and demonstrating the absence of valid spousal consent. Philippine law strongly protects the property rights of spouses under the family code, so any transaction executed without valid consent is generally null and void. However, each case turns on the quality of evidence presented to the courts.

If you find yourself in a similar predicament, consult a reputable family law practitioner who can guide you through the intricate process of annulling or nullifying fraudulent transactions, seeking damages, and, if warranted, claiming sole ownership based on legal exclusions or other legal grounds provided by law.

References and Further Reading

Family Code of the Philippines (E.O. No. 209) – Specifically Articles 91–144 (Absolute Community of Property and Conjugal Partnership of Gains), Article 124 on dispositions.
Civil Code of the Philippines – Provisions on property relations before the effectivity of the Family Code; relevant if marriage was celebrated before August 3, 1988.
Revised Penal Code – Articles on falsification of documents (Arts. 171–172) and estafa (Art. 315).
Jurisprudence – Supreme Court decisions such as:
- Heirs of Severa P. Gregorio v. Court of Appeals, G.R. No. 179799 (discussing void nature of forgery in real estate transactions).
- Spouses Guiang v. CA, G.R. No. 125347 (conjugal property dispositions).

Disclaimer: This article is for general educational and informational purposes and does not substitute for individualized legal counsel. Laws and jurisprudence may be updated or interpreted differently in later rulings. Always consult a licensed Philippine attorney for advice specific to your circumstances.