Pana v. Heirs of Juanite, G.R. No. 164201, Dec. 10, 2012

FACTS: Petitioner EfrenPana (Efren), his wife Melecia, and others were accused of murder. Efren was acquitted but Melecia and another person was found guilty and was sentenced to the penalty of death and to pay each of the heirs of the victims, jointly and severally for civil indemnity and damages.

Upon motion for execution by the heirs of the deceased, the RTC ordered the issuance of the writ, resulting in the levy of real properties registered in the names of Efren and Melecia. Subsequently, a notice of levy and a notice of sale on execution were issued.

Efren and his wife Melecia filed a motion to quash the writ of execution, claiming that the levied properties were conjugal assets, not paraphernal assets of Melecia.

ISSUE: WON the conjugal properties of spouses Efren and Melecia can be levied and executed upon for the satisfaction of Melecia’s civil liability in the murder case.

HELD: Art. 122. The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family.

Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.

The payment of fines and indemnities imposed upon the spouses may be enforced against the partnership assets if the spouse who is bound should have no exclusive property or if it should be insufficient.

Since Efren does not dispute the RTC’s finding that Melecia has no exclusive property of her own, the above applies. The civil indemnity that the decision in the murder case imposed on her may be enforced against their conjugal assets after the responsibilities enumerated in Article 121 of the Family Code have been covered.