Case Digest (G.R. No. 9984)
Facts:
- Petrona Javier (plaintiff-appellee) and Lazaro Osmeña (defendant-appellant), administrator of Tomas Osmeña's estate, are involved in the case.
- Florentino Collantes, Petrona Javier's husband, owed P26,467.94 to Tomas Osmeña's estate.
- On June 15, 1913, a judgment favored the Osmeña estate, leading to a sheriff's sale of Collantes' rights in two parcels of real estate in Manila.
- These properties were inherited by Petrona Javier from her parents, Felix Javier and Matea Corunan.
- Petrona Javier consolidated her ownership by acquiring the usufructuary interest from her father's second wife, Pascuala Santos, for P300, which she borrowed by mortgaging the inherited property.
- Despite Petrona Javier's protests, the sheriff's sale proceeded, and the Osmeña estate purchased the properties for P1,000.
- Petrona Javier filed a claim to recover her ownership and annul the sheriff's sale, arguing her husband had no rights in the properties.
- The Osmeña estate contended that the money used to purchase the usufructuary interest belonged to the conjugal partnership, making the revenues from the properties liable for the judgment debt.
- The Court of First Instance of Manila annulled the sale and ordered the cancellation of the properties' registration.
- The defendant appealed, questioning whether the husband's debt could be paid from the fruits and revenues of the wife's exclusive property.
Issue:
- (Unlock)
Ruling:
- Yes, the debt owed by the husband to the Osmeña estate can be paid out of the fruits and revenues of the properties that exclusively belong to the wife.
- No, a receiver should not be appointed to ma...(Unlock)
Ratio:
- The court's decision is based on the Civil Code provisions.
- Article 1401: Fruits, revenue, or interest collected during the marriage from either partnership property or property belonging to either spouse are considered community property.
- Article 1385: Fruits of the paraphernal property form part of the conjugal partnership assets and are liable for marriage expenses.
- Article 1408: The conjugal partnership is liable for all debts and obligations contracted during the marriage by the husband for family support.
- The court concluded that Collantes' debt, incurred in his commission business contributing to family support, is a conjugal debt.
- Therefore, the fruits and reve...continue reading
Case Digest (G.R. No. 9984)
Facts:
The case involves Petrona Javier, the plaintiff-appellee, and Lazaro Osmeña, the defendant-appellant, who is the administrator of the estate of the deceased Tomas Osmeña. Florentino Collantes, the husband of Petrona Javier, incurred a debt amounting to P26,467.94 to the estate of Tomas Osmeña. On June 15, 1913, a judgment was rendered in favor of the Osmeña estate, and the sheriff executed the judgment by selling at public auction all the rights, title, interest, or share that Collantes had in two parcels of improved real estate in Manila. These properties were inherited by Petrona Javier from her parents, Felix Javier and Matea Corunan. Petrona Javier had consolidated her ownership of these properties by acquiring the usufructuary interest from her father's second wife, Pascuala Santos, for P300, which she borrowed by mortgaging the inherited property. Despite Petrona Javier's protests, the sheriff's sale proceeded, and the Osmeña estate purchased the properties for P1,000. Petrona Javier filed a claim to recover her ownership and annul the sheriff's sale, arguing that her husband had no rights in the properties. The defendant Osmeña estate contended that the money used to purchase the usufructuary interest belonged to the conjugal partnership and thus, the revenues from the properties should be liable for the payment of the judgment debt. The Court of First Instance of Manila annulled the sale and ordered the cancellation of the properties' registration. The defendant appealed, raising the issue of whether the husband's debt could...