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    ONG V CA

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    Jc Isidro
    Teodora Ong took out a loan for her logging business and defaulted on payments. The lender, Francisco Boix, was awarded a parcel of land owned by Teodora in a court judgment. Teodora's husband, Ramon Ong, claimed the land was part of their conjugal partnership and could not be used to pay Teodora's personal debts. The Court of Appeals found the land was registered solely in Teodora's name, making it her exclusive property and liable for her business debts, even though the house on the land was registered jointly. The registration of a property solely in one spouse's name, without proof of acquisition during marriage, indicates exclusive rather than conjugal ownership.

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    ONG V CA

    Uploaded by

    Jc Isidro
    34 views1 page
    Teodora Ong took out a loan for her logging business and defaulted on payments. The lender, Francisco Boix, was awarded a parcel of land owned by Teodora in a court judgment. Teodora's husband, Ramon Ong, claimed the land was part of their conjugal partnership and could not be used to pay Teodora's personal debts. The Court of Appeals found the land was registered solely in Teodora's name, making it her exclusive property and liable for her business debts, even though the house on the land was registered jointly. The registration of a property solely in one spouse's name, without proof of acquisition during marriage, indicates exclusive rather than conjugal ownership.

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    ONG v CA

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    Teodora Ong took out a loan for her logging business and defaulted on payments. The lender, Francisco Boix, was awarded a parcel of land owned by Teodora in a court judgment. Teodora's husband, Ramon Ong, claimed the land was part of their conjugal partnership and could not be used to pay Teodora's personal debts. The Court of Appeals found the land was registered solely in Teodora's name, making it her exclusive property and liable for her business debts, even though the house on the land was registered jointly. The registration of a property solely in one spouse's name, without proof of acquisition during marriage, indicates exclusive rather than conjugal ownership.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views1 page

    ONG V CA

    Uploaded by

    Jc Isidro
    Teodora Ong took out a loan for her logging business and defaulted on payments. The lender, Francisco Boix, was awarded a parcel of land owned by Teodora in a court judgment. Teodora's husband, Ramon Ong, claimed the land was part of their conjugal partnership and could not be used to pay Teodora's personal debts. The Court of Appeals found the land was registered solely in Teodora's name, making it her exclusive property and liable for her business debts, even though the house on the land was registered jointly. The registration of a property solely in one spouse's name, without proof of acquisition during marriage, indicates exclusive rather than conjugal ownership.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ONG v.

    CA

    FACTS:
    Teodora Ong is the wife of Ramon Ong, petitioner. She conducted her own logging business. In furtherance
    of said business, she loaned 2,827.83 from Francisco Boix, private respondent. Due to mismanagement, she
    defaulted on her obligation. Boix filed a complaint, based on the promissory notes issued by Teodora.
    Judgment was rendered in favor of Boix, he then moved to execute the judgment.
    The Sheriff of Camarines Norte (private co-respondent) levied and attached a parcel of land. An auction sale
    was held and Boix was adjudged the highest bidder and a writ of possession was issued.
    Ramon filed a motion with the CFI of Manila to quash the writ of possession and was denied. He then
    brought the case to the CA to annul the auction sale, alleging that the property is conjugal and thus could
    not be held liable for personal debts contracted by the wife.
    The CA found that the subject property is paraphernal property, it was declared in the name of Teodora
    Ong, while the house erected thereon was declared in the name of Ramon Ong and Teodora Ong.

    ISSUE:
    Whether the parcel of land is exclusive property of the wife or part of the conjugal partnership.

    HELD:
    Yes, it is exclusive property. The mere use of the husband’s surname in the tax declaration is not sufficient
    proof that the said property was acquired during the marriage and therefore conjugal. It is undisputed that
    the parcel of land was declared solely in the wife’s name but the house built thereon was declared in the
    name of the spouses. When the property is registered in the name of the spouse only and there is no
    showing as to when the property was acquired by said spouse, this is an indication that the property belongs
    exclusively to said spouse. The party who invokes the presumption that all property of the marriage belongs
    to the conjugal partnership must first prove that the property was acquired during the marriage.

    Under Art. 117 of the Civil Code, the wife is entitled to engage in business although the husband may object.
    The wife’s exclusive (paraphernal) properties, as well as those of their conjugal partnership, shall be liable for
    obligations incurred by the wife in the course of her business.

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