Carlos vs Abelardo

Carlos vs. Abelardo

GR No. 146504, April 4, 2002

FACTS:

Honorio Carlos filed a petition against Manuel Abelardo, his son-in-law for recovery of the $25,000 loan used to purchase a house and lot located at Paranaque.  It was in October 1989 when the petitioner issued a check worth as such to assist the spouses in conducting their married life independently.  The seller of the property acknowledged receipt of the full payment.  In July 1991, the petitioner inquired from spouses status of the amount loaned from him, the spouses pleaded that they were not yet in position to make a definite settlement.  Thereafter, respondent expressed violent resistance to the extent of making various death threats against petitioner.  In 1994, petitioner made a formal demand but the spouses failed to comply with the obligation.  The spouses were separated in fact for more than a year prior the filing of the complaint hence spouses filed separate answers.  Abelardo contended that the amount was never intended as a loan but his share of income on contracts obtained by him in the construction firm and that the petitoner could have easily deducted the debt from his share in the profits.  RTC decision was in favor of the petitioner, however CA reversed and set aside trial court’s decision for insufficiency of evidence.  Evidently, there was a check issued worth $25,000 paid to the owner of the Paranaque property which became the conjugal dwelling of the spouses.  The wife executed an instrument acknowledging the loan but Abelardo did not sign.

ISSUE: WON a loan obtained to purchase the conjugal dwelling can be charged against the conjugal partnership.

HELD:

Yes, as it has redounded to the benefit of the family.  They did not deny that the same served as their conjugal home thus benefiting the family.  Hence, the spouses are jointly and severally liable in the payment of the loan.  Abelardo’s contention that it is not a loan rather a profit share in the construction firm is untenable since there was no proof that he was part of the stockholders that will entitle him to the profits and income of the company.

Hence, the petition was granted and Abelardo is ordered to pay the petitioner in the amount of $25,000 plus legal interest including moral and exemplary damages and attorney’s fees.