Digest Author: Dodot

Onas v. Javillo (1934) Petition: Appeal from order of Capiz CFI Appellant: Rosario Onas Appellee: Consolacion Javillo et al. Ponente: J. Paredes Date: 20 Mar 1934 Facts: Levis marriage: One-half of all the conjugal property pertaining to this marriage should be divided among the 5 children o 11 parcels of land and 5 carabaos Onas marriage: One-half of the conjugal property pertaining to this marriage must be adjudicated to the widow, Rosario o 20 parcels of land and remainder of carabao/cattle Right to usufruct (1/9 of 2/3 of property that constitutes the presumptive legitime of the children from both marriages)

Crispulo Javillo had contracted two marriages: st o 1 : Ramona Levis (5 children) nd o 2 : Rosario Onas (4 children) 18 May 1927 Crispulo Javillo died (intestate) o 25 Jul 1927 Petition praying that an admin. Of estate be appointed: Santiago Andrada First project of partition disapproved Second project (Subject of Appeal) Onas alleged that lower court committed the ff. errors: o Holding that properties acquired during (Onas) marriage were acquired w/ the products of the properties of the (Levis) marriage SC: Well taken only 11 parcels of land during Revis marriage, while 20 parcels of land acquired during Onas marriage [suggestion that fruits from Revis marriage used to acquire 20 parcels preposterous] o Approving the second project [based on the assumption mentioned above]

Opinions: No separate opinions Disposition: Judgment of the lower court reversed. Case remanded for further proceedings in conformity w/ this decision. Principles: Absolute Community of Property

Pertinent laws/provisions/concepts: Issues: 1. 2.

Does the community of property continue even after a marriage had been dissolved? [NO] How should the estate of the deceased be partitioned and distributed? [SEPARATELY]

Ruling/Ratio: 1. NO. Law does not contemplate extending the life of a community after the death of one of the spouses (Matienzo) o When marriage dissolved, cause that brought about community ceases o Community of property: for the unity of life, maintenance of that unity purpose lost upon death of one spouse o Partnership created by law unsafe to extend it on pretext of tacit consent Manresa o It is the life in common that creates common necessities and represents common efforts when conjugal partnership is dissolved, acquisitions by the spouse form a part of HIS/HER own share, which the other spouse (or his/her heirs) can claim no share Properties acquired during each marriage should be st partitioned separately [no spillover from the 1 to the nd 2 ]

2.