GENERAL RULE:

The payment of personal debts contracted by the husband or the wife before or during
the marriage shall not be charged to the conjugal properties partnership except insofar
as they redounded to the benefit of the family (Art. 122, Family Code of the Philippines).

Exception/s:
1. If the other spouse consented; or
2. If it redounded to the benefit of the family

If we successfully levy the personal property of spouses Acedera named after his wife,
the potential defenses they could raise and the risks that may be encountered by the
bank are the following:
1. Wife may raise as a defense that she did not consent to the loan made by her
husband; or that
2. The loan did not redound to the benefit of the family.

Consequently, may file a complaint for annulment of the execution and levy in the
court.

Example of proof redounding to benefit of family:

- The loan was made to be used as additional capital for the family business.
- One spouse is engaged in a business) with the consent and expressly
acknowledged by the other spouse, and the income derived from the
business had been had been expended to meet, in part at least, expenses for
the support of her family, i.e., the schooling of the children, food and other
household expenses. In here, the liability of the conjugal assets to respond for
the husband or wife’s obligations in the premises cannot be disputed.
-  Under the circumstances, the conjugal partnership of spouses should be
liable for the debts and obligations contracted by either spouse in her
business since the income derived therefrom, having been used to defray
some of the expenses for the maintenance of the family and the education of
the children, had redounded to the benefit of the partnership.