FULL TITLE: BUADO vs CA

TOPIC: RULE 39

STATEMENT OF THE FACTS:

Civil case for damages that arose from slander filed by the spouses Buado against Erlinda Nicol. RTC ruled that
Erlinda is liable and ordered her to pay for damages, which was affirmed by the CA and SC. Court issued a writt of
execution, directing the sheriff to collect indemnification from Erlinda.

Finding out that Erlinda’s personal properties are insufficient, sheriff designed to issue a notice of levy on real property
on execution, and thereafter a notice of sheriff’s sale was issued. Two days prior the bidding, a third party claim was
received at the Sheriff’s Office from one Arnulfo Fulo, prompting spouses Buado to put up a sheriff’s indemnity bond.
Sale proceeded with the spouses Buado emerging as the highest bidder.

A year after the sale, Romulo Nicol, husband of Erlinda Nicole, filed a complaint for annulment of certificate of sale
and damages with preliminary injunction against petitioners and the department sheriff, alleging that the property was
directly levied upon without exhausting the personal properties of Erlinda.

ISSUE:
Whether or not the obligation of Erlinda Nicol arising from her criminal liability is chargeable to the conjugal
partnership.

RULING: