Petitioner
Josefa Patricio
Respondent
Claro Patricio
Citation
G.R. No. 24314
Court
Supreme Court En Banc
Division
En Banc
Ponente
Villamor, J.
Decided
February 19, 1926

Summary

This case involved the liquidation and partition of conjugal partnership property between deceased spouses Claro Patricio and Cecilia Rivera, who died in 1916. After the original plaintiff Josefa Patricio (their daughter) died, her minor children continued the case against their grandfather Claro Patricio. The Supreme Court applied Civil Code provisions on conjugal partnerships, ruling that only property existing at the time of dissolution (January 3, 1916) should be included in liquidation. The Court excluded certain bank deposits that had been withdrawn before dissolution but included P3,500 fraudulently transferred to defendant's second wife, proceeds from the sale of La Casta Susana cabaret (P36,000), and furniture (P4,000). After deducting support expenses and broker fees from the total conjugal property of P40,300, the Court awarded the plaintiffs P18,557.62 (half of the net conjugal property) with legal interest. The decision established important precedents for conjugal partnership liquidation procedures.

Statutes applied

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By the Intellegal Editorial Board · February 19, 1926

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