PLATA V.

YATCO
AMALIA PLATA, petitioner, vs. HON. NICASIO YATCO, Judge, CFI of Rizal, Branch V; BENITO MACROHON, Sheriff of Quezon City and The Spouses CESAREA E. VILLANUEVA and GREGORIO LEAO respondents.

Nature: Petition for certiorari on an Order issued by CFI Rizal citing Plata in contempt of court for refusing to vacate certain property Ponente: Reyes, JBL Date: 28 Dec 1964 DOCTRINE: Where a property was acquired by the woman while she was still single, the subsequent conveyance thereof to a third person, and the reconveyance of her several months afterward of the same property, did not transform it from paraphernal to conjugal property, there being no proof that the money paid to the vendor came from common or conjugal funds (Civ. Code, Art 153). The illegal detainer judgment against the husband alone cannot bind nor affect the wife's possession of her paraphernal, which by law she holds and administers independently, and which she may even encumber or alienate without his knowledge or consent. FACTS: Relevant Provision of Law: NCC Art. 153 ; 136, 137, 140 Art. 153. The following are conjugal partnership property: (1) That which is acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (2) That which is obtained by the industry, or work, or as salary of the spouses, or of either of them; (3) The fruits, rents or interests received or due during the marriage, coming from the common property or from the exclusive property of each spouse. (1401) Art. 136. The wife retains the ownership of the paraphernal property. (1382) Art. 137. The wife shall have the administration of the paraphernal property, unless she delivers the same to the husband by means of a public instrument empowering him to administer it. In this case, the public instrument shall be recorded in the Registry of Property. As for the movables, the husband shall give adequate security. (1384a) Art. 140. A married woman of age may mortgage, encumber, alienate or otherwise dispose of her paraphernal property, without the permission of the husband, and appear alone in court to litigate with regard to the same. (n) Facts: In 1954 Amalia Plata purchased a parcel of land in Caloocan, Rizal, for which the Provincial RD issued TCT No. 25855 in the name of Amalia Plata, single, Filipino citizen. On 13 Feb 1958, she sold the property to one Celso Saldaa who obtained TCT No. 40459 therefor. On 24 Sep 1958, after 7 mos, Saldaa resold the same property to Amalia Plata, married to Gaudencio Begosa," a new TCT No. 43520 was issued to the vendee, Amalia Plata. Also on 24 Sep 1958, "Amalia Plata, xxx married to Gaudencio Begosa," in consideration of a loan of P3,000, mortgaged to Cesarea Villanueva, the same property and its improvements "of which the mortgagor declares to be hers as the absolute owner thereof." Begosa, signed as co-mortgagor. The property was foreclosed, and sold in an auction sale to Villanueva, the highest bidder. on 13 May 1961, the Sheriff issued a final deed of sale; the RD issued the buyer TCT, No. 55949.

Subsequently, Villanueva sued Begosa alone for illegal detainer, and obtained judgment against the latter, which became final and executory. A writ of execution was duly issued, but Amalia Plata resisted all efforts to eject her from the property, and she filed a third party claim, averring ownership of the property. Upon motion, CFI cited both Plata and Begosa in contempt. Platas contention: She is not bound by detainer judgment because she is not lawfully married to Gaudencio Begosa, and that she had acquired the property while still single, and was in possession thereof when the Sheriff attempted to enforce the writ of ejectment. ISSUE: W/N Amalia Plata is bound by the detainer judgment against Gaudencio Begosa. More specifically, W/N the subject property is a conjugal property of Plata and Begosa. RULING: NO. The subject property is a paraphernal property of Amalia Plata and, therefore, she cannot be bound by the detainer judgment against Begosa. Since the property was paraphernal, and the creditors and purchasers were aware of it, the fact being clearly spread on the land records, it is plain that Plata's possession was not derived from Gaudencio Begosa. The illegal detainer judgment against the husband alone cannot bind nor affect the wife's possession of her paraphernal, which by law she holds and administers independently, and which she may even encumber or alienate without his knowledge or consent (Civ. Code, Arts. 136. 137, 140). Hence, as she was not made party defendant in the eviction suit, the petitioner-wife could validly ignore the judgment of eviction against her husband, and it was no contempt of court for her to do so, because the writ of execution was not lawful against her. RATIO: - SC presumed the validity of marriage between Plata and Begosa based on the ff: i. the admissions of married status in public documents; ii. the presumption that persons openly living together as husband and wife are legally married to each other, and iii. the prior marriage of Begosa to someone else does not necessarily exclude the possibility of a valid subsequent marriage to Plata. The property was acquired by Plata while still single, as shown in the TCT. The subsequent conveyance thereof to Celso Saldaa, and the reconveyance of her several months afterward of the same property, did not transform it from paraphernal to conjugal property, there being no proof that the money paid to Saldaa came from common or conjugal funds (Civ. Code, Art 153). The deed of mortgage in favor of respondents Villanueva actually recites that the petitioner was the owner of the tenement in question and so does the conveyance of it by Saldaa to her. Begosas signing as a co-mortgagor, by itself alone, would not suffice to convert the land into conjugal property, considering that it was paraphernal in origin. This is particularly the case where the addition of Begosa as co-mortgagor was clearly an afterthought, the text of the deed showing that Plata was the sole mortgagor.