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AGAPITO V MOLO

SEP 28 1927 | VILLA-REAL, J.
FACTS
HUSBAND: CANDIDO MOLO
WIFE: JUANA AGAPITO
COFI-MANILA:

COFI-Manila made permanent the preliminary injunction issued and
empowered Juana to retain all that remains of the rents produced by her
paraphernal property after deducting therefrom all the expenses of
administration in lieu of maintenance which she is entitled to receive
from Candido, granting Juana exclusive authority to administer and
manage all of her said property without the intervention of Candido.
Candido appealed claiming that trial court erred in the ff:
1) issuing the preliminary injunction
2) dismissing cross-complaint
3) denying motion for a new trial

ISSUE
1. WON trial court erred in granting Juana exclusive authority to administer
and manage paraphernal property and to retain all that remains of the
rents produced by the said property? – NO
 No doubt that property is paraphernal property of Juana and (in
accordance to provisions of Art 1384 of Civil Code) she is entitled
to administer propery not having delivered the same to her
husband, in accordance with the requirement of the law, for its
management.
 Art 1401 states that the fruits, income or interest received or
accrued during the marriage, derived from the paraphernal property
belongs to the conjugal partnership
 Art 1412 states that the husband is the administrator of the
conjugal property and does not authorize him to collect and receive
said income because it is conjugal property only when it is not
necessary to defray the administration expenses, and constitutes
net income.
 Juana is entitled to receive maintenance from the defendant and
this maintenance must be gotten from the personal property of the
husband or from the conjugal property, her retention of the net
remainder of the income from the rents after deducting the
administration expenses, not being excessive, constitutes the

alimony that the husband must pay his wife, notwithstanding that it
appears they are living apart.

NOTES NOT IN THE CASE:
OSSORIO V POSADAS, JR (DEC 3 1929, ROMUALDEZ, J.) Paraphernal
property is meant that which the wife brings to the marriage without
including it in the dowry, and that which she later acquires without
adding it thereto. The wife retains the ownership over such property; the
husband cannot exercise any action of any sort with respect to such property
without the intervention or consent of his wife, who has the management of
said property, unless she has made it over to him before a notary in order
that he may administer it, in which case the husband is bound to give a
mortgage for the value of the personal property received by him, or to give
security therefor in the manner provided for in dowered estate. The
husband's personal obligation shall not be collected from the income of the
paraphernal property, unless it be proved that they have been for the benefit
of the family.
SPANISH CODE (1889 – 1950) CHAPTER 4
SECTION 4 On the administration of the community of joint assets
Art 1384. Acts of administration of property and acts of disposal of money or
securities performed by the spouse in whose name they appear or who has
them in his possession shall be valid.
SECTION 5 On the dissolution and liquidation of the community of joint
assets
Art 1401. Until the debts of the community have been paid in full, the
creditors shall keep their credits against the debtor spouse. The non-debtor
spouse shall be liable with the property adjudicated to him, if an inventory
should have been duly drafted in or out of court.
If, as a result thereof, one of the spouses should have paid an amount
exceeding the amount attributable to him, he may recover it from the other.
CHAPTER 5 On the participation regime
Art 1412. Each spouse shall have the administration, the enjoyment and the
free disposal of both the property, which belonged to him at the time of
marrying and of any which he may acquire subsequently pursuant to any title.