Cabaliw and Sadorra v.

Sadorra
G.R. No. L-25650; June 11, 1975
Munoz Palma, J.

Facts: Isidora Cabaliw was the second wife of Benigno Sadorra. Having abandoned by her husband,
Isidora Cabaliw instituted an action for support against Benigno Sadorra. Judgement was rendered
requiring Benigno to pay his wife, the amount of P75.00 a month in terms of support and P150.00 in
concept of attorney’s fees and the costs. Unknown to Isidora, Benigno executed two (2) deeds of sale
over two parcels of land in favor of his son-in-law, Sotero Sadorra, married to his daughter by first
marriage. Thereafter, Benigno failed to comply with the judgement of support and Isidora prays to
recover the sold lands claiming it to be made in fraud.

Issue: Whether or not the sale of the land by Benigno was made in fraud of Isidora.

Ruling: Yes. Alienations by onerous title are also made fraudulent when made by persons against whom
some judgment has been rendered in any instance or some writ of attachment has been issued. The
decision or attachment need not refer to the property alienated and need not have been obtained by
the party seeking recission.