Francisco vs Gonzalesgr 177667 09

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Civil Law Digest
  FRANCISCO VS GONZALESGR 177667 09.17.08  FACTS Coz of a Declaration of Nullity of Marriage,Cleodualdo and Michele have voluntarily agreed toset forth their obligations, rights and responsibilitieson matters relating to their children's support,custody, visitation, as well as to the dissolution of their conjugal partnership of gains in a compromiseagreement. Ownership of the conjugal property consisting of ahouse and lot covered by Transfer Certificate in thename of Cleodualdo M. Francisco, married toMichele U. Francisco shall be transferred by way of a deed of donation to Cleodia and Ceamantha, asco-owners, when they reach nineteen (19) andeighteen (18) years old. Respondent ordered Michele and her partnerMatrai to vacate the premises leased to them andto pay back rentals, unpaid telephone bill, andattorney's fees. Real property donated to Cleodia and Ceamanthawere used as payment. CA DECISION: Michele's obligation was not provento be a personal debt, it must be inferred that it isconjugal and redounded to the benefit of thefamily, and hence, the property may be heldanswerable for it.ISSUE WON the conjugal property of the formerspouses may be held accountable?RATIO NO. The power of the court in executing judgments extends only to properties unquestionably belonging to the judgmentdebtor alone  , in the present case to thosebelonging to Michele and Matrai.*Cleodualdo and Michele married prior to theaffectivity of the FC thus their property relations aregoverned by the Civil Code on conjugal partnershipof gains.  A wife may bind the conjugal partnership onlywhen she-purchases things necessary for the support of the family- when she borrows money for that purposeupon her husband's failure to deliver theneeded sum-when administration of the conjugalpartnership is transferred to the wife by thecourts or by the husband-or when the wife gives moderate donations forcharity.  In this case as the liability incurred by Michelearose from a judgment rendered in an unlawfuldetainer case against her and her partnerMatrai. Michele, who was then already livingseparately from Cleodualdo rented the house inLanka Drive for her and Matrai's own benefit. Infact, when they entered into the leaseagreement, Michele and Matrai purportedthemselves to be husband and wife. Both Michele and Cleodualdo have waived theirtitle to and ownership of the house and lot inTaal St. in favor of petitioners. The propertyshould not have been levied and sold atexecution sale, for lack of legal basis
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