FRANCISCO VS GONZALESGR 177667 09.17.

08
FACTS
Case of a Declaration of Nullity of Marriage, Cleodualdo and
Michele have voluntarily agreed to set forth their obligations, rights
and responsibilities on matters relating to their children's support,
custody, visitation, as well as to the dissolution of their conjugal
partnership of gains in a compromise agreement.
Ownership of the conjugal property consisting of a house and lot
covered by Transfer Certificate in the name of Cleodualdo M.
Francisco, married to Michele U. Francisco shall be transferred by
way of a deed of donation to Cleodia and Ceamantha, as co-owners,
when they reach nineteen (19) and eighteen (18) years old.
Respondent ordered Michele and her partner Matrai to vacate
the premises leased to them and to pay back rentals, unpaid
telephone bill, and attorney's fees.
Real property donated to Cleodia and Ceamantha were used as
payment.
CA DECISION: Michele's obligation was not proven to be a
personal debt, it must be inferred that it is conjugal and redounded
to the benefit of the family, and hence, the property may be held
answerable for it.

ISSUE : WON the conjugal property of the former spouses 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 shepurchases 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.