Vous êtes sur la page 1sur 1

BUADO V. BUADO, G.R. NO. 145222, APRIL 24, 2009 FACTS: Mr. and Mrs.

. Buado filed a civil case against Erlinda Nicol. On April 1987, the trial court rendered a decision ordering Erlinda to pay damages to the petitioners. The personal properties of Erlinda were insufficient to pay the damages. The sheriff levied and auctioned the property of Erlinda. An auction sale was held with the petitioners as the highest bidder. A certificate of sale was issued in favor of Mr. and Mrs. Buado. After almost one year, the husband of Erlinda, Romulo Nicol, filed a complaint for the annulment of certificate of sale and damages with preliminary injunction against petitioners and deputy sheriff. He argued that there was no proper publication and posting for the auction sale. He also claimed that the judgment obligation of Erlinda Nicol amounted to P40,000 only. The spouses Buado obtained the P500,000 worth of property for only P51,685. The Regional Trial Court dismissed the petition of Romulo Nicol. The Court of Appeals reversed the decision of the RTC and held that Branch 21 has jurisdiction to act on the complaint filed by the respondent in this case. The petitioners filed a petition where they said that the Court of Appeals committed a grave abuse of discretion for reversing the decision given by the RTC. ISSUE Whether or not the obligation of Erlinda Nicol arising from her criminal liability is chargeable to the conjugal partnership. HELD: NO. Erlinda Nicols liability is not chargeable to the conjugal partnership. Unlike in the system of absolute community where liabilities incurred by either spouse by reason of a crime or quasi-delict is chargeable to the absolute community of property, in the absence or insufficiency of the exclusive property of the debtor-spouse, the same advantage is not accorded in the system of conjugal partnership of gains. The conjugal partnership of gains has no duty to make advance payments for the liability of the debtor-spouse. Petitioners argue that the obligation of the wife arising from her criminal liability is chargeable to the conjugal partnership. The Supreme Court does not agree to the contention of Mr. and Mrs. Buado. In Guadalupe v. Tronco, this Court held that the car which was claimed by the third party complainant to be conjugal property was being levied upon to enforce a judgment for support filed by a third person, the third-party claim of the wife is proper since the obligation which is personal to the husband is chargeable not on the conjugal property but on his separate property. Hence, the filing of a separate action by Romulo Nicol was proper. The decision of the Court of Appeals is affirmed.