Case Title: Veloso vs.

Martinez Date: October 24, 1914

Rule: Article 1382, Civil Code Ponente: Johnson, K.

Topic: Property Relations Between Husband and Wife Digest by: Tampico

Doctrine: By paraphernal property is meant that which the wife brings to the marriage
without including it in the dowry, and that which she later acquires without adding it
thereto. The wife retains the ownership over such property.

Facts:
Plaintiff commenced an action to recover of the defendant the possession of a certain parcel of
land together with the sum of P125 per month. Defendant answered and filed a counterclaim
for services rendered by the deceased to the plaintiff and recovery of certain jewelry alleged to
be in the possession in the plaintiff. The jewels in question before the possession of the same
was given to the plaintiff belonged to the defendant personally and that she had inherited the
same from her mother. Defendant Lucia is the widow of Domingo Franco and after the death of
her husband she was appointed as the administratrix. A short time before the death of
Domingo he borrowed from plaintiff money and gave as security the jewelry.

Issue:
Is the jewelry in question a paraphernal property of Lucia?

Ruling
Yes. The record shows that the jewels were the sole and separate property of the wife,
acquired from her mother. In the absence of further proof, it must be presume that they
constituted a part of her paraphernal property. As such paraphernal property she exercised
dominion over the same. (Article 1382, Civil Code.) She had the exclusive control and
management of the same, until and unless she had delivered it to her husband, before a notary
public, with the intent that the husband might administer it properly. (Article 1384, Civil Code.)
There is no proof in the record that she had ever delivered the same to her husband, in any
manner, or for any purpose. That being true, she could not be deprived of the same by any act
of her husband, without her consent, and without compliance with the provisions of the Civil
Code above cited.