Abrenica vs Abrenica

June 18, 2012 G.R. No. 180572

Facts:

Erlando, Danilo and Abelardo are partners in the Law Firm. Later on, Danilo and Abelardo filed two separate
cases against Erlando to return partnership funds representing profits from the sale of a parcel of  land and sought to
recover from Erlando retainer fees that he received from two clients of the firm and the balance of the cash advance
that he obtained. The Court ordered Erlando to remit to the law firm specific amount plus interest and to return and
render a full accounting of the amounts he received under the retainer agreement.  

Erlando filed an Urgent Omnibus Motion alleging that the sheriff had levied on properties belonging to his
children and his wife second Joena. Joena filed an Affidavit of Third Party alleging that she and her step-children
owned a number of the personal properties sought to be levied and that it was under their Absolute Community
Property. She also insisted that she owned half of the two (2) motor vehicles as well as the house and lot covered,
which formed part of the absolute community of property. In addition, they assert that Joena’s right to due process
was also violated when she was not made a party-in-interest to the proceedings in the lower courts, even if her half
of the absolute community of property was included in the execution of the judgment rendered.

A Sheriff’s Certificate of Sale was issued in favor of the law firm for Erlando’s properties, he has been
previously married to another woman but their marriage has already been dissolved.

Question:

Does Joena has right to claim the properties?

Suggested Answer:

No, Joean has no rights to claim the properties under the Absolute Community of Property.

As a general rule provided in Article 91 of the Family Code, the community property shall consist of all the
property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. One of the
exceptions provided is under Article. 92, par. (3) of the Family Code which excludes from the community property,
the property acquired before the marriage by either spouse who has legitimate descendants by a former marriage;
and the fruits as well as the income, if any, of that property.

In the case at bar, Erlando had a first wife and they had three children. This means that Erlando has
legitimate descendants from the former marriage in such case the properties acquired by Erlando from the previous
marriage is excluded in the community property with his second wife. Thus, Joean the second wife cannot claim
neither these two vehicles nor the house and lot belong to the second marriage.