G.R. No. L-38052
December 23, 1933
CONCEPCION ABELLA DE DIAZ, Plaintiff-Appellee, Plaintiff-Appellee, vs. ERLANGER & GALINGER, INC., E AL., defendants. AL., defendants. ERLANGER & GALINGER, INC., Appellant .
!"LL, J.# $%c'# Domingo Diaz purchased from Erlanger & Galinger Galinger,, Inc. (EGI), machinery and equipment for the construction and installation of an electric light plant. or the !alance of the purchase price, a "udgment #as o!tained !y EGI against Domingo Diaz. $n an e%ecution issued to enforce such "udgment, the sheriff levied on certain properties. ccordingly,, ccordingly 'oncepcion Diaz (#ife) filed this case in the 'ourt of irst Instance of 'amarines ur alleging that the properties #hich had !een levied upon #ere her parapherna paraphernall property and that she opposed to her hus!ands going into the e lectric light !usiness, insisting that the !usiness #as a personal one of her hus!and and not an enterprise of the con"ugal partnership. *he trial court held that all the property #as unla#fully levied upon and made the preliminary in"unction permanent. I''(e# +hether or not, the paraphernal properties of the #ife levied upon are e%empt from e%ecution for the de!ts contracted !y the hus!and. R()*+# *he 'ourt held that under rticle -, 'ivil 'ode, the hus!and, as the manager of the partnership, has the right to em!ar/ the partnership in an ordinary commercial enterprise for gain, and the fact that the #ife may not approve of a venture does not ma/e it a private and personal one of the hus!and. In turn, regarding the fruits of the paraphernal property,, the 'ourt held that the fruits of the property t he paraphernal property !elonged to the con"ugal partnership, thus, they are responsi!le for the de!ts of that partnership. 0o#ever, regarding 0o#ever, regarding the o#nership of !uildings, the 'ourt held citing 1anresa in his 'ommentaries that if the !uilding is constructed !y the o#ner of the land #ith her private money, the !uilding does not !elong to the partnership. *hus, such !uildings are not su!"ect to levy and sale in this case since, the !uildings in dispute, #ere !uilt on the lands of the appellee #ith the appellees o#n personal money.
