G.R. No. 37756 . November 28, 1933.
In the matter of the estate of Severina Gonzalez, deceased. SINFOROSO ONA, administrator-appellee, vs. SERAPIA DE GALA, executrix-appellant.

FACTS

This is an appeal from an order of the Court of First Instance of Tayabas approving a project of partition submitted by the surviving spouse, Sinforoso Ona, and disapproving the project submitted by the executrix, Serapia de Gala, in the estate proceedings of Severina Gonzalez. The main points of contention involved: (1) whether the excess area of a parcel of land beyond that stated in its composition title was conjugal or paraphernal (separate) property of the deceased; (2) whether improvements (coconut plantings and irrigation works) made on the wife’s paraphernal property using conjugal funds constituted conjugal property or merely gave rise to a claim for reimbursement of expenses; (3) whether a sum of P3,000 in the accounts of the special administrator (Ona) should be credited; and (4) whether the court could properly order Ona, instead of the executrix, to submit the project of partition.

ISSUE

1. Whether the excess land area is conjugal or paraphernal property.
2. Whether improvements made with conjugal funds on a spouse’s separate property become conjugal property or only give a right to reimbursement for expenses.
3. Whether the P3,000 item in the special administrator’s account was properly excluded as a conjugal debt.
4. Whether the trial court erred in approving the project of partition submitted by the widower instead of the one submitted by the executrix.

RULING

The Supreme Court affirmed the trial court’s order with modification.
1. The trial court’s factual finding that the excess land area was paraphernal property of the deceased was upheld, as no sufficient grounds were shown to overturn it.
2. Following established doctrine (Tabotabo vs. Molero, 22 Phil. 418; Santos vs. Bartolome, 44 Phil. 76; Dominado vs. Derayunan, 49 Phil. 452), only the expenses incurred for improvements made on the separate property of a spouse using conjugal funds are considered conjugal property, subject to reimbursement. The improvements themselves remain paraphernal property. The value of the improvements (P36,500) was not conjugal property, as the work was done by hired laborers, not by the husband’s personal industry, and any increase in value was largely due to nature and time.
3. The order regarding the exclusion of the P3,000 item from the conjugal debts had become final and conclusive in a related case (G.R. No. 37313) and was thus properly excluded.
4. While it is anomalous for the court to order a person who is not the administrator or executor to submit the project of partition, this does not constitute a reversible error warranting annulment of the proceedings, as the court retains ultimate approval authority and could compel the executrix to act.

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