184.
LEGAL POWER OF MANAGEMENT OF THE HUSBAND
MARIA CALMA vs. ESPERANZA TAÑEDO
G.R. No. 44602. November 28, 1938
AVANCEÑA, C.J.:
Doctrine:
Interpreting this same Act No. 3176 in another decision, this court, in the
case of Cruz vs. De Jesus (52 Phil., 870) said that when the marriage is
dissolved by the death of the wife, the legal power of management of the
husband ceases, passing to the administrator appointed by the court in the
testate or in intestate proceedings instituted to that end if there be any
debts to be paid.
Facts:
Eulalio Calma and Fausta Macasaquit were owners of a conjugal property
subjected in the complaint instituted by Esperanza Tanedo. The spouses
were indebted to Esperanza, chargable againth the conjugal property, in the
sums of P948.34 and P247, with interest thereon at 10 per cent per
annum.On October 10, 1933 Fausta Macasaquit died leaving here daugther,
Maria Calma , as administratix of her properties and this was affirmed by the
Court of First Instance. Esperanza Tanedo filed a complaint on January 27,
1934 to recover the afore the sums P948.34 and P247. The Court of First
Instance rendered judgement for the payment. Relatively, the sheriff sold
the property described despite the third-party claim filed by Fausta
Macasaquit.
Maria Calma, as administratrix of the estate of Fausta Macasaquit, now
brings this action and asks that the sale made by the sheriff of the property
described in the complaint be annulled and that the estate of Fausta
Macasaquit be declared the sole and absolute owner thereof.
The court absolved the defendants from this complaint.
The probate proceedings of the deceased Fausta Macasaquit were instituted
in accordance with Act No. 3176 reading:
"SEC 685. When the marriage is dissolved by the death of the husband or
wife, the community property shall be inventoried, administered, and
liquidated, and the debts thereof shall be paid, in the testamentary or
intestate proceedings of the deceased spouse, in accordance with the
provisions of this ode relative to the administration and liquidation and
partition proceeding, unless the parties, being all of age and legally
capacitated, avail themselves of the right granted to them by this Code of
proceeding to an extrajudicial partition and liquidation of said property.
"In case it is necessary to sell any portion of said community property in
order to pay the outstanding debts and obligations of the same, such sale
shall be made in the manner and with the formalities established by this
Code for the sale of the property of deceased persons. Any sale, transfer,
alienation or disposition of said property effected without said formalities
shall be null and void, except as regards the portion that belonged to the
vendor at the time the liquidation and partition was made."
Issue:
Is the sale of the property described in the complaint for the collection of the
indebtedness is void?
Ruling:
Yes. the sale of the property described in the complaint for the collection of
the indebtedness is void.
Interpreting this same Act No. 3176 in another decision, the court, in the
case of Cruz vs. De Jesus (52 Phil., 870) said that when the marriage is
dissolved by the death of the wife, the legal power of management of the
husband ceases, passing to the administrator appointed by the court in the
testate or in intestate proceedings instituted to that end if there be any
debts to be paid. This doctrine has been confirmed in the other case of
Ona vs. De Gala (58 Phil., 881).
In this case, the court ruled that Eulalio Calma having ceased as legal
administrator of the conjugal property had with his wife Fausta Macasaquit,
no complaint can be brought against him for the recovery of an
indebtedness chargeable against said conjugal property, and that the
action should be instituted in the testamentary proceedings of the
deceased Fausta Macasaquit in the manner provided by law, by filing it first
with the committee of claims.
Therefore, the sale of the property described in the complaint, made by the
sheriff in execution of the judgment rendered against Eulalio Calma for the
collection of the indebtedness chargeable against the conjugal property, is
void.
