Professional Documents
Culture Documents
Section 2.
HELD:
The spouses had in fact been separated when the wife entered into the
business deal with Anita. The husband had nothing to do with the
business transactions of Katrina nor authorized her to enter into such.
The properties in Angeles were acquired during the marriage with unclear
proof where the husband obtained the money to repay the loan. Hence, it
is presumed to belong in the conjugal partnership in the absence of proof
that they are exclusive property of the husband and even though they had
been living separately. A wife may bind the conjugal partnership only
when she purchases things necessary for support of the family. The writ
of execution cannot be issued against Romarico and the execution of
judgments extends only over properties belonging to the judgment debtor.
The conjugal properties cannot answer for Katrinas obligations as she
exclusively incurred the latter without the consent of her husband nor
they did redound to the benefit of the family. There was also no evidence
submitted that the administration of the partnership had been transferred
to Katrina by Romarico before said obligations were incurred. In as much
as the decision was void only in so far as Romarico and the conjugal
properties concerned, Spouses Wong may still execute the debt against
Katrina, personally and exclusively.
Art. 117.
(1) Those acquired by onerous title during the marriage at the expense of
the common fund, whether the acquisition be for the partnership, or for
only one of the spouses;
(2) Those obtained from the labor, industry, work or profession of either or
both of the spouses;
(3) The fruits, natural, industrial, or civil, due or received during the
marriage from the common property, as well as the net fruits from the
exclusive property of each spouse;
(4) The share of either spouse in the hidden treasure which the law
awards to the finder or owner of the property where the treasure is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership in excess of
the number of each kind brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as winnings from gambling
or betting. However, losses therefrom shall be borne exclusively by the
loser-spouse. (153a, 154a, 155, 159)
Art. 118.
Property bought on installments paid partly from exclusive
funds of either or both spouses and partly from conjugal funds belongs to
the buyer or buyers if full ownership was vested before the marriage and
to the conjugal partnership if such ownership was vested during the
marriage. In either case, any amount advanced by the partnership or by
either or both spouses shall be reimbursed by the owner or owners upon
liquidation of the partnership. (n)