Onas VS Javillo 59 Phil 733

Goddard, J.

FACTS:

Crispulo Javillo married Ramona Levis and they had 5

children. After Ramona’s death, he married Rosario Onas and
they had 4 children. - During his first marriage 11 parcels of
land were acquired; while in his 2nd marriage 20 parcels of
land were acquired.

Partition was made on the claim that the properties of the 2nd
marriage were products of the first marriage. - Rosario Onas
was opposing the partition that was made by the
administrator of the estate of her husband. She alleges the
following errors:

All the properties acquired during the second marriage were

acquired with the properties of the first marriage.

TC erred in approving the partition dated September 9, 1931,

notwithstanding that the same did not include all properties of
the deceased.

ISSUES:

1) Whether or not the community partnership shall continue

to exist between the surviving spouse and the heirs of the
deceased husband or wife.

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2) Whether or not the properties of the second marriage can
be claimed as products of the properties of the first marriage .

3) Whether or not the partition that was approved by the

lower court is valid.

RULING:

1.) NO - When the marriage is dissolved, the cause that

brought about the community ceases, for the principles of an
ordinary partnership are not applicable to this community,
which is governed by special rules. - Provisions of law
governing the subject should cease to have any effect for
community of property is admissible and proper in so far as it
conforms to unity of life, to the mutual affection between
husband and wife, and serves as a recompense for the care of
preserving and increasing the property; all of which
terminates by the death of one of the partners. - Community
terminates when the marriage is dissolved or annulled or
when during the marriage and agreement is entered into to
divide the conjugal property. The conjugal partnership exists
as long as the spouses are united.

2.) NO - Whatever is acquired by the surviving spouse on the

dissolution of the partnership by death or presumption of

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death whether the acquisition be made by his or her lucrative
title, it forms a part of his or her own capital, in which the
other consort, or his or her heirs, can claim no share.

3.) NO - Was based on the erroneous assumption that the

properties of the second marriage were produced by the
properties of the first marriage. ** The property
corresponding to the first marriage consists of the 11 parcels
of land. The remaining 20 parcels of land were acquired during
the second marriage.