G.R. No. L-1081; June 14, 1949
MARIA DE LA CRUZ, plaintiff-appellant, vs. PEDRO BUENAVENTURA and BERNARDINO SANTIAGO, defendants-appellees.

FACTS

Plaintiff Maria de la Cruz filed an action to annul a sale of a parcel of land executed by her husband, Pedro Buenaventura, from whom she was separated, in favor of Bernardino Santiago. She alleged the sale was fictitious and fraudulent to her prejudice. The land was part of the conjugal partnership of gains. During the pendency of the case, Pedro Buenaventura died. His counsel had earlier filed a motion to dismiss the complaint. The trial court granted the motion and dismissed the case, holding that the issues raised should be litigated in the testate proceedings for the settlement of Buenaventura’s estate, specifically during the liquidation of the conjugal partnership.

ISSUE

Whether the trial court correctly dismissed the annulment case, deferring the resolution of the issues to the testate proceedings for the liquidation of the conjugal partnership.

RULING

Yes. The Supreme Court affirmed the trial court’s order of dismissal. Under Article 1413 of the Civil Code, the husband, as administrator, could alienate conjugal partnership property without the wife’s consent. While an alienation made in fraud of the wife would not prejudice her or her heirs, Article 1419 provides the remedy. It states that in the liquidation of the conjugal partnership, the value of any illegal or fraudulent alienation must be brought to collation. This means the value of the disputed sale would be accounted for, and if the husband’s share in the partnership is sufficient to cover it, the wife or her co-heirs would be indemnified. Therefore, the proper venue to resolve the issue of the allegedly fraudulent sale is indeed during the liquidation of the conjugal partnership in the testate proceedings, not in a separate action for annulment.

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