Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1965 > June 1965 Decisions > G.R. No. L-20379 June 22, 1965 - IN RE: JOSE BERMAS, SR., ET AL :




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-20379. June 22, 1965.]

IN THE MATTER OF THE VOLUNTARY DISSOLUTION OF THE CONJUGAL PARTNERSHIP OF JOSE BERMAS, SR. and PILAR MANUEL BERMAS and SEPARATION OF PROPERTY. JOSE BERMAS, SR. and PILAR MANUEL BERMAS, Petitioners-Appellants.

Virginia M. Ramos for Petitioners-Appellants.


SYLLABUS


1. HUSBAND AND WIFE; DISSOLUTION OF CONJUGAL PARTNERSHIP WITH JUDICIAL APPROVAL ALLOWED. — With judicial approval, a conjugal partnership may be dissolved upon agreement of the spouses, under Article 191 of the Civil Code.

2. ID.; ID.; NECESSITY OF NOTIFICATION TO CHILDREN OF PREVIOUS MARRIAGES. — In a proceeding for dissolution of a conjugal partnership under Article 191 of the Civil Code, it is essential that children of previous marriages be personally notified of said proceeding.


D E C I S I O N


CONCEPCION, J.:


This is an appeal from a decision of the Court of First Instance of Zamboanga City denying the petition of appellants Jose Bermas, Sr. and Pilar Manuel Bermas for the voluntary dissolution of their conjugal partnership and the establishment between them of the regime of separation of property as set forth in the deed, Exhibit Q.

The same is entitled "Agreement for Dissolution of Conjugal Partnership and Separation of Property." It was executed by the petitioners on May 31,1962. It states that they are and have been legally married since December 25, 1932; that they have two children, namely, Manuel T. and Ruben J. Bermas, both of age and married; that, during their marriage, petitioners have acquired twelve (12) parcels of land and two (2) buildings, described in Exhibit Q; that believing that it will redound to their mutual advantage, benefit and gain, and preserve peace and harmony in the family, as well as prevent friction, distention and confusion among their respective heirs in the future, particularly because petitioner Jose Bermas, Sr. has two (2) sets of children, one by a former marriage, and another by his present wife, the other petitioner, said petitioners have mutually agreed to dissolve their conjugal partnership, and to the establishment of a separation of properties in the manner specified in the contract. Thereupon, the same proceeds to enumerate the properties that shall belong exclusively to Pilar Manuel Bermas and those that shall belong in fee simple to Jose Bermas, Sr. The contract, likewise, contains a stipulation concerning the income derived from rentals, as well as a quitclaim by each party in favor of the other, and provides that, thereafter, any property acquired by any or both of the parties shall pertain to him or her exclusively, or to both as co-owners, as the case may be.

Soon after the execution of this contract, or on June 11, 1962, the petitioners filed with said court the aforementioned petition, alleging therein that they are married as above stated; that they have the two (2) children abovementioned; that petitioners had executed the aforementioned agreement; that a voluntary dissolution of the conjugal partnership during the marriage is allowed, under Article 191 of the Civil Code, subject to judicial approval; that petitioners and their conjugal partnership have no outstanding debts or obligations; and that the dissolution of said conjugal partnership and the separation of property agreed upon between the petitioners would not prejudice any creditor or third person. Premised upon these allegations, petitioners prayed for the dissolution of said conjugal partnership and the approval of said agreement for separation of properties between them.

Upon the filing of the petition, the court issued an order setting it for hearing on July 7, 1962, and caused a notice to that effect to be published in a newspaper of general circulation in Zamboanga City, once a week, for three (3) consecutive weeks. After said hearing, the court rendered the appealed decision, denying the petition, upon the ground that, under Article 192 of the Civil Code of the Philippines, a conjugal partnership shall only be dissolved once legal separation has been ordered, and this cannot take place, pursuant to Article 191 of the same Code, except upon civil interdiction, declaration of absence or abandonment. Hence, this appeal by the petitioners who maintain that, with judicial approval, a conjugal partnership may, also, be dissolved upon agreement of the spouses. Indeed, the fourth paragraph of said Article 191 reads:jgc:chanrobles.com.ph

"The husband and the wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. All the creditors of the husband and of the wife, as well as of the conjugal partnership, shall be notified of any petition for judicial approval of the voluntary dissolution of the conjugal partnership, so that any such creditors may appear at the hearing to safeguard his interests. Upon approval of the petition for dissolution of the conjugal partnership, the court shall take such measures as may protect the creditors and other third persons."cralaw virtua1aw library

It should he noted, in this connection, that, although petitioner Jose Bermas, Sr. admittedly has children by a previous marriage, their names have not been given in either Exhibit Q or the petition for the approval thereof, despite the fact that his children with his co-petitioner have been named in both. Consequently, said children by first marriage of petitioner Jose Bermas, Sr. do not appear to have been notified personally of the filling of the petition and of the date of the hearing thereof. In fact, no similar notice appears to have been given to the children of the petitioners herein, although the danger of substantial injury to their rights would seem to be remote.

The situation as regards the children by first marriage is however materially different. Indeed, the contract, Exhibit Q, purports to dissolve and, hence, liquidate the conjugal partnership between the petitioners. But, this liquidation should not and cannot be effected without a liquidation of the conjugal partnership between Jose Bermas, Sr. and his first wife, in which the children by first marriage certainly have an interest (Oñas v. Javillo, 59 Phil. 733, 737). At any rate, said Exhibit Q could adversely affect the rights of said children by first marriage, for, "In case of doubt, the partnership property shall be divided between the different (conjugal) partnerships in proportion to the duration of each and of the property belonging to the respective spouses", as provided in Article 189 of the aforementioned Code (Article 1431 of the Spanish Civil Code). Hence, it is essential that said children by previous marriage be personally notified of the instant proceedings, and that, for this purpose, their names and addresses, as well as the addresses of the children of herein petitioners be furnished by them.

WHEREFORE, the decision appealed from is hereby set aside, and the case remanded to the lower court for further proceedings in conformity with this decision.

Bengzon, C.J., Reyes, J.B.L., Paredes, Dizon, Regala, Makalintal, Bengzon, J.P. and Zaldivar, JJ., concur.

Bautista Angelo, J., took no part.

Barrera, J., is on leave.




Back to Home | Back to Main


chanrobles.com



ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com





June-1965 Jurisprudence                 

  • G.R. No. L-17647 June 16, 1965 - HERMINIA GODUCO v. COURT OF APPEALS, ET AL

  • G.R. No. L-19201 June 16, 1965 - REV. FR. CASIMIRO LLADOC v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. L-17214 June 21, 1965 - PEOPLE OF THE PHIL. v. CIRIACO ALIPIS, ET AL.

  • G.R. No. L-19836 June 21, 1965 - GO A. LENG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16999 June 22, 1965 - IN RE: CHENG KIAT GIAM v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19111 June 22, 1965 - IN RE: CHIU BOK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20379 June 22, 1965 - IN RE: JOSE BERMAS, SR., ET AL

  • G.R. No. L-20489 June 22, 1965 - BOMBAY DEPT. STORE v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-20716 June 22, 1965 - AGUSTIN DE AUSTRIA, ET AL v. HON. AGAPITO CONCHU

  • G.R. Nos. L-20847-9 June 22, 1965 - SERREE INVESTMENT CO. v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-17189 June 22, 1965 - ANDRES CASTILLO v. JUAN RODRIGUEZ, ET AL

  • G.R. No. L-17644 June 22, 1965 - PEOPLE OF THE PHIL. v. LAMBERTO Y. GUEVARRA, ET AL.

  • G.R. No. L-17650 June 22, 1965 - KAPISANAN NG MGA MANGGAGAWA SA MANILA RAILROAD CO. v. HON. JESUS DE VEYRA, ET AL

  • G.R. No. L-17913 June 22, 1965 - MANILA RAILROAD CO. v. HON. JOSE M. MOYA, ET AL

  • G.R. No. L-18569 June 22, 1965 - PLACIDO ANTONIO, ET AL. v. PETRONILO JACINTO

  • G.R. No. L-20288 June 22, 1965 - JOSE CASARIA, ET AL v. RICARDO ROSALES, ET AL

  • G.R. No. L-22236 June 22, 1965 - GSIS v. GAUDENCIO CLORIBEL, ET AL

  • G.R. No. L-17323 June 23, 1965 - CLAUDIO GABUTAS v. GUIDO D. CASTELLANES

  • G.R. No. L-19432 June 23, 1965 - COTABATO TIMBERLAND CO. INC. v. PLARIDEL LUMBER CO., INC.

  • G.R. No. L-19913 June 23, 1965 - IN RE: YU TI v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19914 June 23, 1965 - IN RE: TAN SANG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19915 June 23, 1965 - IN RE: TANG KONG KIAT v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19916 June 23, 1965 - IN RE: ALEXANDER LIM UY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20021 June 23, 1965 - IN RE: SERGIO TAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20136 June 23, 1965 - IN RE: JOSE A. SANTOS Y DIAZ v. ANATOLIO BUENCONSEJO, ET AL.

  • G.R. No. L-20431 June 23, 1965 - PEOPLE OF THE PHIL. v. EUGENIO LIBED, ET AL

  • G.R. No. L-20675 June 23, 1965 - BATANGAS TRANSPORTATION CO. v. TEODORO VELANDO, ET AL.

  • G.R. No. L-20843 June 23, 1965 - EDWARD J. NELL CO. v. RICARDO CUBACUB, ET AL

  • G.R. No. L-20987 June 23, 1965 - PHIL. LAND-AIR SEA LABOR UNION, ET AL. v. CEBU PORTLAND CEMENT CO., ET AL.

  • G.R. No. L-21470 June 23, 1965 - CONSUELO VDA. DE PRIETO v. PACIENCIA REYES, ET AL

  • G.R. No. L-21856 June 23, 1965 - BENJAMIN BELISARIO v. MARCELO RAMIREZ

  • G.R. No. L-16636 June 24, 1965 - MLA. SURETY & FIDELITY CO., INC. v. BATH CONSTRUCTlON & CO., ET AL

  • G.R. No. L-19670 June 24, 1965 - PEDRO D. PAMINTUAN v. COURT OF APPEALS

  • G.R. No. L-16641 June 24, 1965 - FE RECIDO, ET AL v. ALFONSO T. REFASO, ET AL

  • G.R. No. L-19897 June 24, 1965 - JOAQUIN TAN v. REPUBLIC OF THE PHIL.

  • G.R. Nos. L-20824 & L-22218 June 24, 1965 - BERNARDINO GUERRERO & ASSOCIATES v. FRANCISCO TAN

  • G.R. No. L-19898 June 28, 1965 - IN RE: SEE YEK TEK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20830 June 28, 1965 - HILARIO GANANCIAL, ET AL v. LEONARDO ATILLO

  • G.R. No. L-12351 June 29, 1965 - COMMISSIONER OF CUSTOMS v. FELIX M. ICAMEN

  • G.R. No. L-18659 June 29, 1965 - PEOPLE OF THE PHIL. v. ANTIPAS SAGARIO, ET AL.

  • G.R. No. L-19851 June 29, 1965 - YU BAN CHUAN v. FIELDMEN’S INSURANCE CO., INC., ET AL.

  • G.R. Nos. L-20787-8 June 29, 1965 - J. ANTONIO ARANETA v. ANTONIO PEREZ

  • G.R. No. L-21071 June 29, 1965 - MANILA RAILROAD CO. v. DANIEL PEREZ, ET AL

  • G.R. No. L-24406 June 29, 1965 - MANILA ELECTRIC CO. v. ENRIQUE MEDINA, ET AL

  • G.R. No. L-15938 June 30, 1965 - CARMELINO DADAY, ET AL v. PASTOR L. DE GUZMAN, ET AL

  • G.R. Nos. L-16078-79 June 30, 1965 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL

  • G.R. No. L-16236 June 30, 1965 - IRINEO S. BALTAZAR v. LINGAYEN GULF ELECTRIC POWER CO., INC., ET AL

  • G.R. No. L-16767 June 30, 1965 - IN RE: TAN NGA KOK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16829 June 30, 1965 - OLEGARIO BRITO, ET AL v. COMMISSIONER OF IMMIGRATION

  • G.R. No. L-17287 June 30, 1965 - JAIME HERNANDEZ, ET AL v. EPIFANIO T. VILLEGAS, ET AL

  • G.R. No. L-17885 June 30, 1965 - GABRIEL P. PRIETO v. MEDEN ARROYO, ET AL

  • G.R. No. L-18682 June 30, 1965 - NICOLAS DE LOS SANTOS v. COURT OF APPEALS, ET AL

  • G.R. No. L-19157 June 30, 1965 - INDIAN COMMERCIAL CO. v. CENTRAL BANK OF THE PHIL.

  • G.R. No. L-19281 June 30, 1965 - IN RE: PEDRO SATILLON, ET AL v. PERFECTA MIRANDA, ET AL

  • G.R. No. L-19348 June 30, 1965 - IN RE: SEE HO KIAT v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19380 June 30, 1965 - PEOPLE OF THE PHIL. v. GASPAR ASILUM, ET AL.

  • G.R. No. L-19636 June 30, 1965 - IN RE: ANTONIO SY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19780 June 30, 1965 - BENGUET CONSOLIDATED, INC. v. CECILIO MONTEMAYOR, ET AL

  • G.R. No. L-19844 June 30, 1965 - IN RE: FRANK YU TIU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20145 June 30, 1965 - IN RE: ONG SO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20208 June 30, 1965 - IN RE: ANTONIO UY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20462 June 30, 1965 - CALTEX (PHILIPPINES) INC. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-20499 June 30, 1965 - BALANGA POWER PLANT CO. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-20503 June 30, 1965 - PHIL. ASSO. OF GOV. RETIREES, INC. v. GSIS, ET AL

  • G.R. No. L-23004 June 30, 1965 - MAKATI STOCK EXCHANGE, INC. v. SECURITIES & EXCHANGE COMMISSION, ET AL

  • G.R. No. L-23244 June 30, 1965 - CHAMBER OF AGRI. & NATURAL RESOURCES OF THE PHILS., ET AL v. CENTRAL BANK OF THE PHILS.

  • G.R. No. L-24671 June 30, 1965 - FELICULO ISRAEL v. NUMERIANO G. ESTENZO, ET AL