Ramon Ong V.

CA
204 SCRA 297
Topic: Charges upon and obligations of CPG, FC 121, 122
Facts:
Ramon Ong filed a complaint against defendants Camino (deputy sheriff of
Camarines Norte) and Francisco Boix, to annul the auction sale of a parcel of land,
allegedly owned conjugally by Ramon and former wife Teodora Ong. Teodora had her
own logging business and she secured a loan from Boix for this. However, due to
mismanagement, she was unable to pay such loan to Boix. This prompted him to file a
complaint based on the promissory notes she executed, to collect the sum due plus
interest (P 2,872.83 + interest), from Teodora and Ramon, the latter being joined as
husband.
CFI declared the spouses in default and Camino levied and auctioned the parcel
of land which was in the name of Teodora in the Tax Declaration. Boix was the highest
bidder so the Title was given and registered to him. Ramon herein contends that the
said property auctioned and sold was conjugal property because in the Tax Declaration,
Teodora used the surname Ong. According to him, such was indicative that the
property was acquired during marriage, hence, it was conjugal and unenforceable to be
used to pay her obligations.
Issue: WON the property was conjugal
Held. No. The aland was found to be a paraphernal property since the Tax Declaration
clearly stated only Teodora as owner, while the Tax Declaration of the house which was
in the parcel of land, has both their names. Thus, the land being paraphernal, is liable
for personal debts of the wife. The mere use of the surname was insufficient to uphold
that the property is conjugal, especially there being no proof that it was acquired during
marriage (sine qua non requirement).
Even if the said property was conjugal, it can still be liable for Teodoras
obligations since she incurred such in the course of her business which Ramon had
knowledge of and did not object. The property may still be held liable since the wife
engaged in a business that benefitted the family; after all, whatever profit earned goes
to their conjugal partnership.