Case Digest (G.R. No. L-19346)
Facts:
Soledad L. Lacson, et al. v. Abelardo G. Diaz, G.R. No. L-19346. May 31, 1965, the Supreme Court En Banc, Barrera, J., writing for the Court.
The plaintiffs obtained a final money judgment against defendant-appellant Abelardo G. Diaz in Civil Case No. 5790 before the Court of First Instance of Negros Occidental. The judgment, rendered in 1947 and affirmed by the appellate court in 1950, assessed a money obligation which remained unpaid. Pursuant to that final judgment, the trial court issued a writ of execution on August 1, 1961.
On August 7, 1961 the Provincial Sheriff served a notice of garnishment on the manager of Talisay‑Silay Milling Company, where Diaz was employed, seeking to garnish one‑third of his monthly salary and any other personal properties belonging to him to satisfy an aggregate claimed amount. Diaz moved in the trial court to quash the writ of execution and lift the garnishment, arguing that the claimed sums were personal obligations arising from his first marriage and, after his remarriage in 1960, his salaries formed part of the conjugal partnership of the second marriage and thus could not be charged.
The plaintiffs opposed the motion, asserting that remarriage does not extinguish obligations and that the garnishment was enforceable. After hearing, the trial court denied Diaz’s motion for lack of merit. The defendant then appealed to the Supreme Court. The Court considered whether salaries comprised in the conjugal partnership of a l...(Pro-only)
Issues:
- Under the Civil Code, may debts contracted by a husband during a prior marriage be charged against the conjugal partnership assets of a subsequent marriage?
- Did the trial court err in denying appellant’s motion to quash the writ of execution and to lift the notice of garni...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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