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Laurena vs CA * Properties of respondents parents do not form of conjugal partnership of gains.


The spouse retain the ownership, possession, administration, and enjoyment of their exclusive properties. Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place where the property is located.

Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: 1. When one spouse becomes the guardian of the other. 2. When one spouse is judicially declared an absentee. 3. When one of the spouse is sentenced to a penalty which carries with it civil interdiction;or 4. When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator.

Art. 75. The future spouse may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this code shall govern.

Art. 227. If the parents entrust the management or administration of their properties to an unemancipated child, the net proceeds of such property shall belong to the child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator is a stranger, unless owner grants the entire proceeds to the child. In any case, the proceeds thus given in whole or in part shall not be charged to the childs legitime.

* Sale of the paraphernal property of the deceased wife by the husband who was neither an owner or administrator of the property at time of sale is void ab initio; Sale which is void cannot be subject of ratification by the company or the probate court.

* The presumption that the property is conjugal indeed refers to the property acquired during the marriage. When there is no showing as to when the property is acquired by the spouse, the fact that the title is in the spouses name is an indication that the property belongs exclusively to said spouse.
The party who invokes the presumption must first prove that the property was acquired during the marriage before the presumption will operate.

* When a loan is negotiated by a husband upon property belonging to his wife, with the consent of the latter, the money becomes conjugal property, and if the funds are invested in the construction of a house the building is likewise conjugal property and is liable for the debts of the husband.

* On the matter of ownership of the properties involved, however, the court disagrees with appellate court that the said properties are exclusively owned by Romarico. Having been acquired during the marriage, they are still presumed to belong to the conjugal partnership even though Romarico and Katrina had been living separately.