LOURDES MARIANO, petitioner, 

vs.
COURT OF APPEALS, and DANIEL SANCHEZ, respondents.

FACTS:

The proceedings at bar concern (1) an attempt by a married man to prevent execution against conjugal property of
a judgment rendered against his wife, for obligations incurred by the latter while engaged in a business that had
admittedly redounded to the benefit of the family, and (2) the interference by a court with the proceedings on
execution of a co-equal or coordinate court. Both acts being proscribed by law, correction is called for and will
hereby be effected.

The proceedings originated from a suit filed by Esther Sanchez against Lourdes Mariano in the Court of First
Instance at Caloocan City, for recovery of the value of ladies’ ready-made dresses allegedly purchased by and
delivered to the latter.

A writ of preliminary attachment was issued at Sanchez’s instance and resulted in the seizure of Mariano’s
property worth P15,000 or so. Mariano then elevated her case to the Court of Appeals after her motion for
discharge of the attachment was denied. The CA ordered the Trial Court to receive evidence on whether or not the
attachment had been improvidently or irregularly issued, to which the trial court found that it had indeed been
improperly issued and consequently dissolved it. Mariano sought award for damages resulting from the wrongful
attachment. The judgment was rendered in favor of Mariano and ordered Sanchez to pay Mariano loss of income,
the value of attached goods, moral and exemplary damages and costs of suit. 

Daniel Sanchez, Esther’s husband, now made his move. He filed a complaint for annulment of the execution in the
Court of First Instance at Quezon City in his capacity as administrator of the conjugal partnership. He alleged that
the conjugal assets could not validly be made to answer for obligations exclusively contracted by his wife, and that,
moreover, some of the personal property levied on, such as household appliances and utensils necessarily used in
the conjugal dwelling, were exempt from execution.

ISSUE: WON the claim that property levied on in execution of a judgment is not property of the judgment debtor,
Daniel Sanchez’s wife, but of the conjugal partnership of the Sanchez Spouses

RULING:  The conjugal partnership of Esther and Daniel is liable for the debts and obligations contracted by Esther.

Art. 122. The payment of personal debts contracted by the husband or the wife before or during the marriage
shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of
the family.

Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.

However, the payment of personal debts contracted by either spouse before the marriage, that of fines and
indemnities imposed upon them, as well as the support of illegitimate children of either spouse, may be
enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been
covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the
time of the liquidation of the partnership, such spouse shall be charged for what has been paid for the purpose
above-mentioned.

In the case at bar, the husband of the judgment debtor cannot be deemed a “stranger” to the case prosecuted and
adjudged against his wife for an obligation that has redounded to the benefit of the conjugal partnership. In any
case, whether by intervention in the court issuing the writ, or by separate action, it is unavailing for either Esther
Sanchez or her husband, Daniel, to seek preclusion of the enforcement of the writ of possession against their
conjugal assets. For it being established, as aforestated, that Esther had engaged in business with her husband’s
consent, and the income derived therefrom had been expended, in part at least, for the support of her family, the
liability of the conjugal assets to respond for the wife’s obligations in the premises cannot be disputed.

WHEREFORE, the Decision of the Court of Appeals subject of the petition is REVERSED AND SET ASIDE, and the
Regional Trial Court (formerly Court of First Instance) at Quezon City is ORDERED to dismiss Civil Case No. 20415
entitled "Daniel P. Sanchez v. Deputy Sheriff Mariano V. Cachero, et al.," with prejudice. Costs against private
respondents.