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    GLICERIA ROSETE V

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    amareia yap
    1. Gliceria Rosete's husband was convicted and ordered to pay damages, and their conjugal property was levied to satisfy the civil liability but was insufficient. 2. Gliceria later bought back two parcels of the levied land using money from her father. 3. When the sheriff later tried to sell the two parcels to satisfy the remaining balance, Gliceria claimed the land was now her paraphernal property and not subject to further execution. The court ruled that since Gliceria redeemed the property as the successor in interest of her husband, the property ceased to be part of the judgment debtor's estate and could not be sold to satisfy his remaining debt.

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    GLICERIA ROSETE V

    Uploaded by

    amareia yap
    170 views1 page
    1. Gliceria Rosete's husband was convicted and ordered to pay damages, and their conjugal property was levied to satisfy the civil liability but was insufficient. 2. Gliceria later bought back two parcels of the levied land using money from her father. 3. When the sheriff later tried to sell the two parcels to satisfy the remaining balance, Gliceria claimed the land was now her paraphernal property and not subject to further execution. The court ruled that since Gliceria redeemed the property as the successor in interest of her husband, the property ceased to be part of the judgment debtor's estate and could not be sold to satisfy his remaining debt.

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    1. Gliceria Rosete's husband was convicted and ordered to pay damages, and their conjugal property was levied to satisfy the civil liability but was insufficient. 2. Gliceria later bought back two parcels of the levied land using money from her father. 3. When the sheriff later tried to sell the two parcels to satisfy the remaining balance, Gliceria claimed the land was now her paraphernal property and not subject to further execution. The court ruled that since Gliceria redeemed the property as the successor in interest of her husband, the property ceased to be part of the judgment debtor's estate and could not be sold to satisfy his remaining debt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    170 views1 page

    GLICERIA ROSETE V

    Uploaded by

    amareia yap
    1. Gliceria Rosete's husband was convicted and ordered to pay damages, and their conjugal property was levied to satisfy the civil liability but was insufficient. 2. Gliceria later bought back two parcels of the levied land using money from her father. 3. When the sheriff later tried to sell the two parcels to satisfy the remaining balance, Gliceria claimed the land was now her paraphernal property and not subject to further execution. The court ruled that since Gliceria redeemed the property as the successor in interest of her husband, the property ceased to be part of the judgment debtor's estate and could not be sold to satisfy his remaining debt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    GLICERIA ROSETE v.

    PROVINCIAL SHERIFF OF ZAMBALES


    G.R. No. L-6335 July 31, 1954

    FACTS:
    1. Husband of plaintiff, Epifanio Fularon, was convicted and sentenced to indemnify the heirs of the victims
    in a criminal case.
    2. To satisfy the said civil liability, 4 parcels of land which are conjugal property were levied but were still
    insufficient, hence a standing balance.
    3. Gliceria Rosete, wife of Fularon, later bought 2 parcels of the said land using her father’s money.
    4. Given the standing balance, Sheriff later sold said 2 parcels of land in order to satisfy the husband’s
    balance.

    ISSUE:
    Does the plaintiff’s redemption of the two parcels of land in question, with money from her father, made the
    property paraphernal and as such is beyond the reach of further execution?

    RULING:
    Yes. Gliceria Rosete, the wife, redeemed the property, not in behalf of her husband, but as successor in interest
    in the whole or part of the property, it being then conjugal. The property in question has therefore become the
    exclusive property of the plaintiff. She has acquired it by right of redemption as successor in interest of her
    husband. It has ceased to be the property of the judgment debtor. It can no longer therefore be the subject of
    execution under a judgment exclusively affecting the personal liability of the
    latter. The conclusion reached by the lower court on this matter is therefore not warranted by law.

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