Beruflich Dokumente
Kultur Dokumente
QUIAO
Petitioner: Brigido B. Quiao
Respondents: Rita C. Quiao, Kitchie, Lotis, Petchie
On an MR filed by Rita, the trial court set aside the Court Order
dated Nov. 8, 2006 and reinstated the Court Order dated Aug.
31, 2006.
FACTS:
Rita and Brigido were married on January 6, 1977. The two did
not execute an antenuptial agreement with regard to their
property relations, thus their property relation is the Conjugal
Partnership of Gains pursuant to Art. 119 of the Civil Code.
ISSUES/RULING:
1. WON the Decision dated Oct. 10, 2005 has become final and
executor at the time the Motion for Clarification was filed?
Process
1. An inventory listing of all conjugal and excusive
properties
2. Amounts paid by the conjugal property shall be
considered as an asset
3. The spouse shall be reimbursed by the conjugal property
for the acquisition of property paid using the exclusive
funds which has been vested by law in the conjugal
partnership.
4. Debts and obligations of the conjugal partnership shall be
paid using the conjugal properties
a. If the CPG are insufficient, the exclusive properties
shall be used to pay the unpaid balance of the
absolute community. Note that they are solidarily
liable.
5. Whatever remains from the exclusive properties shall be
delivered to the respective spouse.