People v. Lagrimas, G.R. No. L-25355, August 28, 1969

FACTS: Froilan Lagrimas was charged for the murder of Pelagio Cagro. Thereafter, the heirs of Cagro filed a motion for the issuance of a writ of preliminary attachment on the property of the accused, which was granted. Lagrimas was convicted and sentenced to suffer the penalty of reclusion perpetua and to indemnify the appellants. The judgment became final. The lower court issued a writ of execution to cover the civil indemnity. A levy was had on 11 parcels of land declared for tax purposes in the name of the accused and the sale thereof at public auction was scheduled. However, the wife of the accused, Mercedes Lagrimas, filed a petition to quash the said attachment contending that the property belonged to the conjugal partnership and could not be held liable for pecuniary indemnity the husband was required to pay. Her petition was granted. Another judge set aside the said order. But upon Mercedes’ filing a motion for reconsideration, a third judge revived the original order, declaring such attachment and the writ of execution thereafter issued null and void.

ISSUE: WON properties from the conjugal properties of Mercedes and Froilan can be held liable for the pecuniary indemnity incurred by the latter.

HELD: Yes. Fines and indemnities imposed upon either husband or wife “may be enforced against the partnership assets after the responsibilities enumerated in article 161 have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; xxx.”

It is quite plain, therefore, that the period during which such a liability may be enforced presupposes that the conjugal partnership is still existing for the law speaks of “partnership assets.” That upon complying with the responsibilities enumerated in article 161, the fines and indemnities imposed upon a party of the conjugal partnership will be satisfied.

If the appealed order were to be upheld, Froilan would be in effect exempt therefrom and the heirs of the offended party being made to suffer still further; that for a transgression of the law by either husband or wife, the rest of the family may be made to bear burdens of an extremely onerous character.