G.R. No. L-28593 June 25, 1968
JUAN YSASI, petitioner, vs. HON. JOSE F. FERNANDEZ, as Presiding Judge of the Court of First Instance of Negros Occidental (Bacolod City, Branch V), MARIA ALDECOA DE YSASI and JON YSASI, respondents.

FACTS

Petitioner Juan Ysasi and respondent Maria Aldecoa de Ysasi are husband and wife. Hacienda Manucao-A is conceded to be conjugal property. The spouses lived between the Philippines and Spain, with Juan managing the hacienda. From 1952 to 1965, it was managed by Valentin Bilbao under Juan’s supervision. In 1965, their son Jon Ysasi became manager. In 1966, Juan instructed another son, Jose Mari Ysasi, to assist, but Jon refused. The wife came to the Philippines in May 1967 to mediate and inquire into hacienda affairs. Jon resigned in June 1967, and Juan accepted the resignation, designating Valentin Bilbao as the new manager. Upon Bilbao’s arrival in August 1967, Jon refused to turn over the hacienda, claiming his mother had taken possession and administration since his resignation. The wife filed a verified petition on September 5, 1967, seeking administration of the conjugal properties or separation of property, with an ex parte petition for her appointment as receiver pendente lite, alleging Juan’s inability to manage due to age and a blind eye, and abandonment. The respondent judge granted the ex parte petition the same day. Juan moved to set it aside. The wife filed a supplemental petition seeking appointment of a disinterested person, like the Bank of the Philippine Islands, as receiver. The September 5 order was set aside on October 7. Juan, in his answer, moved for a writ of preliminary mandatory and preventive injunction to compel his wife and son to turn over the hacienda to Bilbao. On December 22, 1967, the respondent judge denied the petition for preliminary mandatory injunction and announced an intention to place the hacienda under the receivership of the Bank of the Philippine Islands if no serious objection was received within ten days, also ordering the bank to give monthly allowances to the spouses. Juan’s motion for reconsideration was denied on January 17, 1968. Juan filed the present petition for certiorari to annul the December 22, 1967 and January 17, 1968 orders and for a mandatory injunction to compel respondents to turn over the hacienda.

ISSUE

Whether a husband may be deprived of his powers of administration over conjugal partnership properties upon mere allegations of abuse of such powers.

RULING

No. The husband is the sole administrator of the conjugal partnership under Article 165 of the Civil Code. The wife may petition the court for receivership, administration by the wife, or separation of property under Article 167 in case of abuse of powers by the husband. However, the husband may not be divested of his administration upon mere assertions of fraud or abuse; these must first be proven. The law presumes good faith. Here, there are only bare allegations of fraud. Therefore, the petitioner husband is entitled to possession and management. The announced receivership is improper as it is a harsh remedy to be used with extreme caution and cannot be used to destroy the husband’s statutory right based on unproven charges. The petition for certiorari is granted. The orders of December 22, 1967 and January 17, 1968 are declared null and void. The respondent judge is directed to issue a writ of preliminary mandatory injunction ordering respondents to turn over possession and control of Hacienda Manucao-A and related assets to petitioner upon his filing and the judge’s approval of a bond in the sum of P50,000.