Vda. De Sta. Romana vs.

PCIB
118 SCRA 330

FACTS:

PCIB, administrator of the estate of the deceased C.N. Hodges filed for the recovery of a parcel of land
(Lot 1258-G) purchased by Ramon Sta. Romana from C.N. Hodges. Sheriff levied on the rights and
interests of Ramon over Lot 1258-F and improvements, also purchased from C.N. Hodges. Third party
claim was filed by Emilio Sta. Romana who claimed that Lot 1258-F and its improvements had been sold
to him.

RTC: annulled Contract and ordered return of possession of Lot 1258-G

CA affirmed decision and issued writ of execution to a sale and public auction of the said lot thru its
sheriff.

Ramon died intestate. Petitioner Socorro L. Vda. De Sta. Romana, surviving spouse, filed a motion to
quest the writ of execution and that the Sheriffs action be annulled. Respondent moved to dismiss on
ground of res judicata. CFI: granted motion to dismiss.

ISSUE: WON wife should get of property of husband who died when the land in question is used to
pay off debt

HELD: NO
-
As long as conjugal partnership subsists, there can be no share of husband or wife. Only when
conjugal partnership is dissolved between husband and wife can they claim it. Any levy on conjugal
partnership property to satisty money judgment against husband is null and void. The auction was made
before the conjugal property was dissolved thus wife cant claim it.

Vda. De Sta. Romana v. PCIB

118 SCRA 330

FACTS:

PCIB, administrator of the estate of the deceased C.N. Hodges filed for the recovery of a parcel of land
(Lot 1258-G) purchased by Ramon Sta.Romana from C.N. Hodges. Sheriff levied on the rights and
interests of Ramon Sta. Romana over Lot 1258-F and improvements, also purchased from C.N. Hodges.
Third party claim was filed by Emilio Sta.Romana who claimed that Lot 1258-F and its improvements had
been sold to him.

RTC: rescinded Contract and ordered return of possession of Lot 1258-G

CA affirmed decision
Trial judge issued a writ of execution. Sheriff issued a notice of sale at public auction of the rights and
interests of Ramon Sta. Romana over Lot 1258-F

Ramon Sta. Romana died intestate. Petitioner Socorro L. Vda. De Sta. Romana, surviving spouse, filed a
motion to quest the writ of execution. Petitioner prayed that the writ of execution and levy on
execution made on Lot 1258-Fand the improvements existing thereon be annulled insofar as her share
in the said properties. Respondent moved to dismiss on ground of res judicata. CFI: granted motion to
dismiss.

ISSUE: WON wife should get of property of husband who died when the land in question is used to
pay off debt

HELD: NO
-
As long as conjugal partnership subsists, there can be no share of husband or wife. Only when
conjugal partnership is dissolved between husband and wife can they claim it. Any levy on conjugal
partnership property to satisty money judgment against husband is null and void
-
In this case, the auction was made before the conjugal property was dissolved thus wife cant claim it.
Also showed that the debt was for the benefit of the conjugal partnership non-inclusion of wife in suit to
enforce obligation is immaterial. Need not be joined by wife in suit against conjugal partnership (section
4, rule 3of rules of court and Art 113 of CC