Veloso v.

Martinez

G.R No. 87158

Facts:

Defendant Lucia Martinez, widow of Domingo Franco, was appointed as the

administratrix after the death of her husband. A few days before the death of Domingo,
he borrowed money from the plaintiff and gave the jewelry as a security.

Plaintiff commenced an action to recover from the defendant the possession of a parcel
of land together with the sum of P125 per month. Lucia filed a counterclaim for services
rendered by the deceased to the plaintiff and the recovery of certain jewelry alleged to
be in the possession of the plaintiff. The jewels mentioned belonged to the defendant
personally and that which she had inherited the same from her mother before the
possession of the same was given to the plaintiff.

Issue:

Whether or not the jewelry is conjugal property.

Held:

No. It was contended that the jewelry was never delivered to Plaintiff as it was shown
that the key to the box where the jewelry was kept remained with the deceased.
Defendant also denies that she has knowledge of the fact that her husband had pawned
her jewels or that she promised to redeem the same by paying the amount due.

Record shows that the jewels were the sole and separate property of the wife inherited
from her mother. It is part of her paraphernal property and as such she exercised
dominion over the same. She had the exclusive control and management of the same,
until and unless she had delivered it to her husband, before a notary public, with the
intent that the husband might administer it properly. (Article 1384, Civil Code.) There is
no proof in the record that she had ever delivered the same to her husband, in any
manner, or for any purpose.