Carlos vs Abelardo

Carlos vs. Abelardo

GR No. 146504, April 4, 2002
FACTS:
Honorio Carlos filed a petition against Manuel Abelardo, his son-in-law for recovery of
the $25,000 loan used to purchase a house and lot located at Paranaque. Petitioner made a
formal demand but the spouses failed to comply with the obligation. The spouses were
separated in fact for more than a year prior the filing of the complaint hence spouses filed
separate answers. Abelardo contended that the amount was never intended as a loan but
his share of income on contracts obtained by him in the construction firm and that the
petitioner could have easily deducted the debt from his share in the profits. RTC decision
was in favor of the petitioner, however CA reversed and set aside trial courts decision for
insufficiency of evidence. Evidently, there was a check issued worth $25,000 paid to the
owner of the Paranaque property which became the conjugal dwelling of the spouses. The
wife executed an instrument acknowledging the loan but Abelardo did not sign.
ISSUE:
WON a loan obtained to purchase the conjugal dwelling can be charged against the
conjugal partnership.
HELD:
Yes, as it has redounded to the benefit of the family. They did not deny that the same
served as their conjugal home thus benefiting the family. Hence, the spouses are jointly and
severally liable in the payment of the loan. Abelardos contention that it is not a loan rather
a profit share in the construction firm is untenable since there was no proof that he was part
of the stockholders that will entitle him to the profits and income of the company.
Hence, the petition was granted and Abelardo is ordered to pay the petitioner in the amount
of $25,000 plus legal interest including moral and exemplary damages and attorneys fees.