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People vs Lagrimas 29 SCRA 153

THE PEOPLE OF THE PHILIPPINES, plaintiff, vs. FROILAN LAGRIMAS, accused, HEIRS OF PELAGIO CAGRO, heirs-appellants, MERCEDES AGUIRRE DE LAGRIMAS, movant-appellee.

G.R. No. L-25355 | 1969-08-28

D E C I S I O N


FERNANDO, J.:


The Civil Code, under the conditions therein specified, recognizes the liability of the conjugal partnership for fines and indemnities imposed upon either husband or wife "after the responsibilities enumerated in Article 161 have been covered," in the absence of any separate property of the offending spouse or its insufficiency. 1 How such an obligation "may be enforced against the partnership assets" is the question, one of first impression, raised in this appeal from a lower court order, based on the assumption of the total exemption of the conjugal partnership from the liability thus incurred, prior to the...