5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
David’s allegation that he used part of the proceeds from the sale of the
Sampaloc property for the benefit of the absolute community cannot be
given full credence. Only the amount of P120,000.00 incurred in going to
and from the U.S.A. may be charged thereto. Election expenses in the
amount of P300,000.00 when he ran as municipal councilor cannot be
allowed in the absence of receipts or at least the Statement of Contributions
and Expenditures required under Section 14 of Republic Act No. 7166 duly
received by the Commission on Elections. Likewise, expenses incurred to
settle the criminal case of his personal driver is not deductible as the same
had not benefited the family. In sum, Leticia and David shall share equally in
the proceeds of the sale net of the amount of P120,000.00 or in the
respective amounts of P1,040,000.00.
xxxx
Under the first paragraph of Article 888 of the Civil Code, “(t)he legitime of
legitimate children and descendants consists of one-half of the hereditary
estate of the father and of the mother.” The children are therefore entitled to
half of the share of each spouse in the net assets of the absolute
community, which shall be annotated on the titles/documents covering the
same, as well as to their respective shares in the net proceeds from the sale
of the Sampaloc property including the receivables from Sps. Paringit in the
amount of P410,000.00. Consequently, David and Leticia should each pay
them the amount of P520,000.00 as their presumptive legitimes therefrom.
[21]
WHEREFORE, the petition is DENIED. The assailed Decision of the Court of Appeals in
CA G.R. CV No. 88686 is AFFIRMED.
SO ORDERED.
Sereno,* C.J., Carpio, J., (Chairperson), Velasco, Jr.,** Del Castillo, and Perez, JJ.,
concur.
* Per Raffle dated 28 July 2014.
** Per Special Order No. 1757 dated 20 August 2014.
[1]
Penned by Associate Justice Estela M. Perlas-Bernabe (now Supreme Court
Associate Justice) with Associate Justices Portia Aliño-Hormachuelos and Rosmari D.
Carandang, concurring. Rollo, pp. 26-37.
[2] Presided by Judge Corazon D. Soluren. Records, pp. 262-288.
[3] Id. at 2.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57649
11/13