Ahern v. Julian, G.R. No.

13952, 6 February 1919

FACTS:
Petitioner William Ahern filed voluntary insolvency from his garage business in Manila,
the objector, Toribio Julian a judgment creditor was claiming some amount under his judgement
opposed the discharge of the petitioner on the ground that a certain parcel of land, registered in
the name of the petitioners wife, Sofronia Garcia deAhern, are in fact bienes gananciales or
marital community property under the provisions of article 1407 of the Civil Code.
Counsel for the petitioner insists that the evidence of record tending to show that all this
property was the separate property of Ahern’s wire and not communal property
Appeal from a decision of the Court of First Instance upon the Court.

ISSUE:
Whether or not the property in Cabanatuan be considered communal property.

HELD:
The Court agrees with the trial judge that the Cabanatuan property should be required to
include in the petitioners schedule or property subject to the payment of his debts. When the law
imposes the burden of proof upon party to establish the bona fides of such transaction against a
presumption of fraud, it is his duty, if he expects to be believed, to lay before this court, so far
within his power, a complete and true revelation of all circumstances surrounding the affair. The
petitioner failed to do so. The Court affirms the ruling of the CFI.