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DBP
DBP
CA
GR 61464, May 28 1988
FACTS:
Augusto Yulo secured a loan from the petitioner in the amount of P591,003.59 as
evidenced by a promissory note he signed in his own behalf and as a representative
of A&L Industries. Augusto presented an alleged special power of attorney executed
by his wife, Lily Yulo, who managed the business and under whose name the said
business was registered, purportedly authorized the husband to procure the loan and
sign the promissory note. 2months prior the procurement of the loan, Augusto left
Lily and their children which in turn abandoned their conjugal home. When the
obligation became due and demandable, Augusto failed to pay the same.
The petitioner prayed for the issuance of a writ of attachment alleging that said
spouses were guilty of fraud consisting of the execution of Deed of Assignment
assigning the rights, titles and interests over a construction contract executed by
and between the spouses and A. Soriano Corporation. The writ hereby prayed for was
issued by the trial court and not contented with the order, petitioner filed a
motion for the examination of attachment debtor alleging that the properties
attached by the sheriff were not sufficient to secure the satisfaction of any
judgment which was likewise granted by the court.
ISSUE: WON A&L Industries can be held liable for the obligations contracted by the
husband.
HELD:
Thus, the Court ruled that petitioner cannot enforce the obligation contracted by
Augusto against his conjugal properties with Lily. Furthermore, the writ of
attachment cannot be issued against the said properties and that the petitioner is
ordered to pay Lily actual damages amouting to P660,000.00.