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P and R were law firm partners. R filed a case against P to return
partnership funds representing profits from the sale of a parcel of land
and sought to recover from petitioner retainer fees that he received
from two clients of the firm and the balance of the cash advance that
he obtained.
P filed an Urgent Omnibus Motion alleging that the sheriff had levied
on properties belonging to his children and petitioner Joena. Joena filed
an Affidavit of Third Party alleging that she and her stepchildren owned
a number of the personal properties sought to be levied and that it was
under their ACP.
A Sheriffs Certificate of Sale was issued on 3 January 2008 in favor of
the law firm for the Ps properties.
*P has been previously married to another woman but their marriage
has already been dissolved.
WON Joena had the right to the claim?
NO. Two of these stepchildren were already of legal age when Joena
filed her Affidavit. As to one of the children, parental authority over him
belongs to his parents. Absent any special power of attorney
authorizing Joena to represent Erlandos children, her claim cannot be
Art. 92, par. (3) of the Family Code
Excludes from the community property the property acquired before
the marriage of a spouse who has legitimate descendants by a former
marriage; and the fruits and the income, if any, of that property. Thus,
neither these two vehicles nor the house and lot belong to the second
Petition denied.