PANA VS HEIRS OF JOSE JUANITE

FACTS:
Efren Pana and his wife Melecia and others were charged for murder before the RTC
Surigao City. Efren was acquitted while his wife other were found guilty. The heirs of
the deceased was awarded civil indemnity and moral damages and that the RTC issued
an order to levy the real properties of Efren and Melecia. Petitioner filed a motion to
quash the writ claiming that the properties levied were conjugal not paraphernal of
Melecia. Efren and Melecia were married when Family code took effect and did not
execute a pre nuptial agreement.
ISSUE: Whether or not the conjugal properties of spouses Efren and Melecia can be
levied and executed upon for the satisfaction of Melecias civil liability in the aforesaid
case.
Held: Yes, provided that the conditions under Art 121 of the family code have been
covered. The SC explained that it is clear that Efren and Melecia were married when the
Civil Code was still operative on marriages. The presumption is that, absence of any
evidence to the contrary is that they were married under the regime of conjugal
partnership of gains. Furthermore, Art 119 of the Civil Code provides that the future
spouses may in marriage settlements agree upon absolute or relative community of
conjugal partnership of gains or upon a complete separation of property or any other
regime. The Family Code cannot modified except prior to marriage, and clearly, under
this situation, the spouses cannot modify their regime.