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Carlos v Abelardo Article 121.

The conjugal partnership shall be liable for:


Charges upon CPG | GR 146504 | Apr 9, 2002) | Kapunan | Jules 1. (2) All debts and obligations contracted during the
marriage by the designated administrator-spouse for
Recitation Summary: the benefit of the conjugal partnership of gains, or by
1. In 1989, Sps. Manuel and Theresa asked Theresa’s both spouses or by one of them with the consent of the
father Honorio Carlos for an advance of $25,000 to buy other;
a house from seller Pura Vallejo. 2. (3) Debts and obligations contracted by either spouse
2. In 1994 Honorio Carlos filed a complaint for collection. without the consent of the other to the extent that the
3. The Court ordered the spouses to pay back the loaned family may have been benefited;
amount and that the conjugal property was liable since 3. If the conjugal partnership is insufficient to cover the
the loaned amount was used to purchase the family foregoing liabilities, the spouses shall be solidarily
home. liable for the unpaid balance with their separate
Facts: properties.
1. Petitioner averred in his complaint filed on October 13, Issue #3: W/N Honorio has civil liabilities towards Manuel for
1994 that in October 1989, respondent and his wife causing the alienation of his wife’s love.
Maria Theresa Carlos-Abelardo approached him and Held: No.
requested him to advance the amount of US$25,000.00 Ratio: There is no proof that Honorio caused their separation.
for the purchase of a house. Issue #4: W/N Manuel has civil liabilities towards Honorio for
2. When petitioner inquired from the spouses in July 1991 making death threats.
as to the status of the amount he loaned to them, the Held: Yes.
latter acknowledged their obligation but pleaded that Ratio: Two witnesses gave testimonies that prove that death
they were not yet in a position to make a definite threats were made.
settlement of the same. Thereafter, respondent a. Randy Rosal, Honorio’s driver was given a written letter
expressed violent resistance to petitioners inquiries on of threat and this was already presented as evidence.
the amount to the extent of making various death b. He told Irineo Pajarin, also a driver, “Sabihin mo sa
threats against petitioner. biyenan ko babarilin ko siya pag nakita ko siya.”
3. On October 13, 1994, petitioner filed a complaint for Ruling:
collection of a sum of money and damages and each of The petition is granted. Honorio should be paid $25,000 or its
the respondents filed separate answers since by then equivalent in PH currency plus damages.
they have already been separated.
a. Maria Theresa Carlos-Abelardo admitted
securing a loan together with her husband,
from petitioner.
b. Manuel Abelardo denied that the $25,000 was
a loan. He claims that this was his share from
the profits of the construction company of
Honorio which he managed.
Issue #1: W/N the $25,000 used to buy the Abelardo conjugal
house was a loan.
Held: Yes.
Ratio:
1. Manuel has received checks from the construction firm
in the account of H.L. Carlos Construction, while the
$25,000 check came from the personal account of
Honorio Carlos.
2. Also, Theresa herself admitted that the amount was a
loan.
Issue #2: W/N Manuel was solely liable to pay for the loan.
Held: defendant-husband and defendant-wife are jointly and
severally liable in the payment of the loan.
Ratio:
1. Early in time, it must be noted that payment of
personal debts contracted by the husband or the wife
before or during the marriage shall not be charged to
the conjugal partnership except insofar as they
redounded to the benefit of the family.
2. The loan is the liability of the conjugal partnership
pursuant to Article 121 of the Family Code: