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Ayala Inv - Dev. VS Ca, GR118305
Ayala Inv - Dev. VS Ca, GR118305
Hence, this petition for review. Petitioner contends that the We do not agree with petitioners that there is a difference
"respondent court erred in ruling that the conjugal partnership between the terms "redounded to the benefit of" or "benefited
On April 14, 1994, the respondent court promulgated the of private respondents is not liable for the obligation by the from" on the one hand; and "for the benefit of" on the other.
assailed decision, affirming the decision of the regional trial respondent-husband." They mean one and the same thing. Article 161 (1) of the Civil
court. It held that: Code and Article 121 (2) of the Family Code are similarly
worded, i.e., both use the term "for the benefit of." On the
Specifically, the errors allegedly committed by the respondent other hand, Article 122 of the Family Code provides that "The
The loan procured from respondent-appellant AIDC was for the court are as follows: payment of personal debts by the husband or the wife before
advancement and benefit of Philippine Blooming Mills and not or during the marriage shall not be charged to the conjugal
for the benefit of the conjugal partnership of petitioners- I. RESPONDENT COURT ERRED IN RULING THAT THE partnership except insofar as they redounded to the benefit of
appellees. OBLIGATION INCURRED RESPONDENT HUSBAND DID NOT the family." As can be seen, the terms are used
REDOUND TO THE BENEFIT OF THE CONJUGAL PARTNERSHIP interchangeably.
xxx xxx xxx OF THE PRIVATE RESPONDENT.
1 Penned by Hon. Associate Justice Asaali S. Isnani and 13 No. L-57402, February 28, 1995, 135 SCRA 193.
concurred in by Associate Justices Nathanael P. de Pano, Jr. and
Corona Ibay-Somera, Former Fourth Division, Decision, pp. 34-
39, Rollo. 14 No. 43257, February 19, 1937, 64 Phil. 115.
3 CA-G.R. No. SP-14404. 16 No. L-2659, October 31, 1969, 30 SCRA 111.
5 Par. 4, 5, dispositive portion of the Decision in CA-G.R. No. 18 Ansaldo, et. al., vs. Liberty Insurance Company Inc. & Luzon
SP- 14404; p. 36, rollo. Surety Company, supra.
6 Decision in CA-G.R. CV No. 29632; p. 39, rollo. 19 Court of Appeals Resolution of Nov. 28, 1994 denying the
motion for reconsideration, pp. 1-2; Annex "B"; p. 41, rollo.