Buado v. CA & Nicol (2009)

Spouses Robert Buado and Venus BUADO v. CA and Romulo NICOL

GR No. 145222

April 24, 2009

Ponente: Justice Tinga

FACTS:

Spouses Buado (petitioner) filed a complaint for damages against Erlina Nicol which was granted by the RTC (Bacoor), arising from Erlinda’s criminal offense of slander against her by the petitioners. The said decision was affirmed by the Court of Appeals and became final and executory. The trial court issued a writ of execution commanding the Sheriff to conduct proceedings on the goods and chattels of Erlinda or her estates or legal heirs to satisfy the petitioner’s claim. Finding that Erlinda’s personal properties insufficient to satisfy such judgment, the Deputy Sheriff issued a notice of levy on real property on execution addressed to the Register of Deeds (Cavite). A notice of sheriff’s sale was issued, and a public auction was scheduled with the petitioners as the highest bidder. A certificate of sale was issued in favor of the petitioners, which Romulo Nicol (Erlinda’s husband and herein private respondent) sought to annul. The RTC dismissed Nicol’s complaint. On appeal, the Court of Appeals reversed the trial court.

ISSUE:

- W/N the obligation of the wife arising from her criminal liability is chargeable to the conjugal partnership.

HOLDING:

- No. The Court does not agree that such obligation is chargeable to the conjugal partnership.

- There is no dispute that the property in question is conjugal in nature. Article 122 of the Family Code provides that payment of personal debts contracted by the husband or the wife before or during the marriage shall NOT be charged to the conjugal partnership except insofar as they redounded to the benefit of the family.

- Furthermore, it no way can the civil obligation arising from the crime of slander committed by Erlinda may have redounded to the benefit of the conjugal partnership.

JUDGMENT:

- Petition is DISMISSED and the decision of the Court of Appeals is AFFIRMED.