Santos vs bartolome
The third point to be considered relates to item erepresenting the sum of P7, From what has been said it results that the judgment appealed from must be reversed, and the clause will be remanded for further proceedings in conformity with this opinion.
In the form in which the case is thus brought before us it is apparent that, if we should arrive at the conclusion that any of the items cdefand g represent claims which as a matter of law could constitute valid charges against Marcela Tizon in the settlement of the ganancial estate, the order appealed from should be reversed as to such item or items and the cause remanded in order that proof may be submitted with respect thereto.
The last point to be considered relates to items fand grepresenting expenditures of the sums of P1, It is enough to say that the validity of the claim constituting item c in the project of division now under consideration was in no wise brought in question in that litigation and the fact that it was not recognized in Judge Moir's decision is immaterial.
Bartolome de las casas in defense of the indian summary
An irrigation system beneficial to real property is a useful expenditure with the contemplation of article of the Civil Code and, if financed from the community assets, is chargeable against the party benefit when the time comes for the liquidation of the conjugal partnership. Items f and g werenotpropertobesubmittedtothecommitteebecausetheyrelatetoexpendituresmadeafterthedeathof Marcela Tizon and as regard the other items the provisions of the Code of Civil Procedure requiring the presentation of claims to the committee are not pertinent to proceedings for the liquidation of the conjugal partnership. It results that there was error in the disallowance of this item. Marcela Tizon, survived until December, , when she also died. It follows that, in the liquidation of the community property, account should be taken of this obligation arts. Into the details of that proceeding it is unnecessary here to enter. Fromanobservationcontainedintheappealeddecisionweinferthattheactionofthetrialjudgeinrejectingthe various claims to which reference has been made was based in part on the idea that said claims should have been submitted to the committed appointed to appraise the property and allow claims against the estate of MarcelaTizoninadministration,inconformitywiththerequirementsofsection,andrelatedprovisionsofthe CodeofCivilProcedure. From an observation contained in the appealed decision we infer that the action of the trial judge in rejecting the various claims to which reference has been made was based in part on the idea that said claims should have been submitted to the committed appointed to appraise the property and allow claims against the estate of Marcela Tizon in administration, in conformity with the requirements of section , and related provisions of the Code of Civil Procedure. As we understand the record, these expenditures were incurred just after the death of Marcela Tizon and at the request of her own administrator, Pablo Bartolome, there being a verbal agreement between the two administrator to the effect that Eliseo Santos should advance the necessary sums for these expenditures, the same to be subsequently reimbursed by Pablo Bartolome, as administrator of Marcela Tizon. It is undeniable that the expense of the maintenance and support of Marcela Tizon, during widowhood, and while the conjugal partnershiphadnotasyetbeenliquidated,wasproperlybornebytheadministratorofthedeceasedhusband,but this expenditure was in the nature of a mere advancement and under article of the Civil Code is to be deductedfromthesharepertainingtotheheirsofMarcelaTizoninsofarasitexceedswhattheymayhavebeen entitled to as fruits or income.
In Base II of this project were included seven items, lettered respectively abcdefand grepresenting certain sums which, it was submitted, constituted valid charges against Marcela Tizon in the liquidation of the ganancial property.
Assumingthefactsastothisitemstobeasthussuggested,therecanbenodoubtthattheamountthuspaidout toeffecttheredemptionofthepropertyshouldbedeductedfromthecommunityassetsinliquidation,therebyin effect charging onehalf thereof against the portion pertaining to Marcela Tizon.
based on 109 review