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  • De Los Santos V Abejon

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    Allen Windel Bernabe
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    The petitioners (Erlinda and her daughters) argue that the lower courts erred in holding them liable for loans and building costs. Erlinda's late husband Pedro borrowed money from Erlinda's sister Teresita, evidenced by a promissory note. As security, Erlinda and Pedro mortgaged their property. After Pedro died, Erlinda could not repay the loan and agreed to sell the land to Teresita. The court found that the loan obligation is chargeable to Erlinda and Pedro's conjugal partnership, and their estates would be solidarily liable if the partnership could not pay. The petition was partly granted.

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    De Los Santos v Abejon

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    The petitioners (Erlinda and her daughters) argue that the lower courts erred in holding them liable for loans and building costs. Erlinda's late husband Pedro borrowed money from Erlinda's sister Teresita, evidenced by a promissory note. As security, Erlinda and Pedro mortgaged their property. After Pedro died, Erlinda could not repay the loan and agreed to sell the land to Teresita. The court found that the loan obligation is chargeable to Erlinda and Pedro's conjugal partnership, and their estates would be solidarily liable if the partnership could not pay. The petition was partly granted.

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    © All Rights Reserved
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    54 views1 page

    De Los Santos V Abejon

    Uploaded by

    Allen Windel Bernabe
    The petitioners (Erlinda and her daughters) argue that the lower courts erred in holding them liable for loans and building costs. Erlinda's late husband Pedro borrowed money from Erlinda's sister Teresita, evidenced by a promissory note. As security, Erlinda and Pedro mortgaged their property. After Pedro died, Erlinda could not repay the loan and agreed to sell the land to Teresita. The court found that the loan obligation is chargeable to Erlinda and Pedro's conjugal partnership, and their estates would be solidarily liable if the partnership could not pay. The petition was partly granted.

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    © All Rights Reserved
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    of 1

    ERLINDA DINGLASAN DELOS SANTOS amount representing the same,

    and her daughters, VIRGINIA, AUREA, and including the appropriate interest.
    BINGBING, petitioners - Hence, the petition.
    v
    ALBERTO ABEJON and the estate of ISSUES:
    TERESITA DINGLASAN ABEJON, - CA correctly held that petitioners
    respondents should be held liable to respondents
    for the loans and construction of
    building.
    FACTS:
    - Respondents filed Complaint for RULING:
    Cancellation of Title against - The petition is partly meritorious.
    Petitioners before the RTC.
    - The complaint alleged that Erlinda - It must be pointed out that such loan
    and her late husband Pedro Delos was contracted by Erlinda, who is
    Santos (Pedro) borrowed money only one out of the four herein
    from the former's sister, Teresita, as petitioners, and her deceased
    evidenced by a Promissory Note. husband, Pedro, during the latter's
    - As security for the loan, Erlinda and lifetime and while their marriage
    Pedro mortgaged their property. was still subsisting.
    - As Erlinda and Pedro were married
    - After Pedro died, Erlinda ended up prior to the effectivity of the Family
    being unable to pay the loan, and as Code and absence of any marriage
    such, agreed to sell the subject land settlement, their property relations
    to Teresita. were governed by the system of
    conjugal partnership of gains.
    - In defense, petitioners denied any - In pursuant to Article 121 of FC, the
    participation relative to the spurious loan obligation, including interest is
    Deed of Sale, and instead, chargeable to Erlinda and Pedro's
    maintained that it was Teresita who conjugal partnership as it was a debt
    fabricated the same and caused its contracted by the both of them
    registration. during their marriage.
    - They likewise asserted that Erlinda - Should the conjugal partnership be
    and Pedro never sold the subject insufficient, then Erlinda and Pedro
    land to Teresita, and that they did (more particularly, his estate as he is
    not receive any demand for already deceased) shall be solidarily
    payment, representing the loan, liable for the unpaid balance with
    representing the construction cost of their separate properties.
    the building.
    - WHEREFORE, the petition is
    - The RTC ruled that respondents PARTIALLY GRANTED.
    should be reimbursed for the
    amount of the loan.
    - The CA ruled that respondents
    should be allowed to recover the

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