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    Case No 11 - Rule 73 - Calma V Tanedo

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    karen
    This case involved a debt owed by a married couple to a creditor. After the wife passed away, the creditor filed a complaint against the husband to recover the debt. The court found the sale of the conjugal property to satisfy the debt was void for two reasons: 1) The liquidation and partition of the conjugal property should be done through the testamentary proceedings of the deceased wife, not a separate legal action. 2) Once the wife passed, the husband no longer had legal power over the conjugal property as administrator, so he could not be sued individually to recover the debt from the property. The court ruled the creditor should have filed the claim in the testamentary proceedings for the wife's

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    Case No 11 - Rule 73 - Calma V Tanedo

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    karen
    120 views1 page
    This case involved a debt owed by a married couple to a creditor. After the wife passed away, the creditor filed a complaint against the husband to recover the debt. The court found the sale of the conjugal property to satisfy the debt was void for two reasons: 1) The liquidation and partition of the conjugal property should be done through the testamentary proceedings of the deceased wife, not a separate legal action. 2) Once the wife passed, the husband no longer had legal power over the conjugal property as administrator, so he could not be sued individually to recover the debt from the property. The court ruled the creditor should have filed the claim in the testamentary proceedings for the wife's

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    Case No 11 - Rule 73 - Calma v Tanedo

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    This case involved a debt owed by a married couple to a creditor. After the wife passed away, the creditor filed a complaint against the husband to recover the debt. The court found the sale of the conjugal property to satisfy the debt was void for two reasons: 1) The liquidation and partition of the conjugal property should be done through the testamentary proceedings of the deceased wife, not a separate legal action. 2) Once the wife passed, the husband no longer had legal power over the conjugal property as administrator, so he could not be sued individually to recover the debt from the property. The court ruled the creditor should have filed the claim in the testamentary proceedings for the wife's

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    120 views1 page

    Case No 11 - Rule 73 - Calma V Tanedo

    Uploaded by

    karen
    This case involved a debt owed by a married couple to a creditor. After the wife passed away, the creditor filed a complaint against the husband to recover the debt. The court found the sale of the conjugal property to satisfy the debt was void for two reasons: 1) The liquidation and partition of the conjugal property should be done through the testamentary proceedings of the deceased wife, not a separate legal action. 2) Once the wife passed, the husband no longer had legal power over the conjugal property as administrator, so he could not be sued individually to recover the debt from the property. The court ruled the creditor should have filed the claim in the testamentary proceedings for the wife's

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Calma v.

    Tanedo

    G.R. No. 44602. November 28, 1938

    TOPIC – Rule 73, Claims against conjugal partnership

    1) FACTS

     Spouses Eulalio Calma and Fausta Macasaquit were indebted to Esperanza Tañedo, chargeable
    against their conjugal property, in the sums of P948.34 and P247, with interest thereon at 10 per
    cent per annum.
     On October 10, 1933, Fausta Macasaquit died leaving a will wherein she appointed her daughter,
    Maria Calma, as administratrix of her properties.
     While the probate proceedings of the deceased Fausta were pending, Esperanza, filed a complaint
    against Eulalio for the recovery of the loans. The Court of First Instance of Tarlac rendered
    judgment for the payment of this sum.
     In the execution of this judgment, despite the third party claim filed by the estate of Fausta, the
    property described in the complaint was sold by the sheriff.
     Maria Calma, as administratrix of the estate of Fausta, now brings this action and asks that the
    sale made by the sheriff of the property described in the complaint be annulled and that the
    estate of Fausta be declared the sole and absolute owner thereof.

    2) ISSUE (only related to rem)

     Whether or not the sale of the property was void.

    3) RULING & RATIO : YES/NO + EXPLANATION

     YES.
     The law authorizes the institution of 1) testate or intestate proceedings for the settlement of the
    estate of a deceased spouse or of an 2) ordinary action for the liquidation and partition of the
    property of a conjugal partnership. These remedies are alternative, and not cumulative, in the
    sense that they cannot be availed of at the same time. Consequently, the testamentary
    proceedings of Fausta Macasaquit having been instituted, the liquidation and partition of the
    conjugal property by reason of her marriage to Eulalio Calma should be made in these
    proceedings, to the exclusion of any other proceeding for the same purpose.
     When the marriage is dissolved by the death of the wife, the legal power of management of the
    husband ceases, passing to the administrator appointed by the court in the testate or in intestate
    proceedings instituted to that end if there be any debts to be paid.
     Thus, Eulalio Calma having ceased as legal administrator of the conjugal property had with his
    wife Fausta Macasaquit, no complaint can be brought against him for the recovery of an
    indebtedness chargeable against said conjugal property, and that the action should be instituted
    in the testamentary proceedings of the deceased Fausta Macasaquit in the manner provided by
    law, by filing it first with the committee of claims.

    *Di nadiscuss yung contention ng parties.

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