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    Ros V PNB

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    gel94
    This case involves a complaint filed by spouses Joe Ros and Estrella Aguete seeking to annul a real estate mortgage and foreclosure proceedings related to a loan Ros obtained from PNB Laoag branch. While Aguete claimed she did not consent to the mortgage of the conjugal property, the Court of Appeals found the loan proceeds benefited the family business. The Supreme Court affirmed, ruling that as the loan was contracted for the family business of buying and selling crops, it is presumed to benefit the conjugal partnership, making the debt chargeable to the partnership even if the business ultimately failed.

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    Ros V PNB

    Uploaded by

    gel94
    195 views1 page
    This case involves a complaint filed by spouses Joe Ros and Estrella Aguete seeking to annul a real estate mortgage and foreclosure proceedings related to a loan Ros obtained from PNB Laoag branch. While Aguete claimed she did not consent to the mortgage of the conjugal property, the Court of Appeals found the loan proceeds benefited the family business. The Supreme Court affirmed, ruling that as the loan was contracted for the family business of buying and selling crops, it is presumed to benefit the conjugal partnership, making the debt chargeable to the partnership even if the business ultimately failed.

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    Civ

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    Ros v PNB

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    This case involves a complaint filed by spouses Joe Ros and Estrella Aguete seeking to annul a real estate mortgage and foreclosure proceedings related to a loan Ros obtained from PNB Laoag branch. While Aguete claimed she did not consent to the mortgage of the conjugal property, the Court of Appeals found the loan proceeds benefited the family business. The Supreme Court affirmed, ruling that as the loan was contracted for the family business of buying and selling crops, it is presumed to benefit the conjugal partnership, making the debt chargeable to the partnership even if the business ultimately failed.

    Copyright:

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

    Ros V PNB

    Uploaded by

    gel94
    This case involves a complaint filed by spouses Joe Ros and Estrella Aguete seeking to annul a real estate mortgage and foreclosure proceedings related to a loan Ros obtained from PNB Laoag branch. While Aguete claimed she did not consent to the mortgage of the conjugal property, the Court of Appeals found the loan proceeds benefited the family business. The Supreme Court affirmed, ruling that as the loan was contracted for the family business of buying and selling crops, it is presumed to benefit the conjugal partnership, making the debt chargeable to the partnership even if the business ultimately failed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    JOE A. ROS and ESTRELLA AGUETE v PNB – LAOAG BRANCH G.R. No.

    170166 April 6, 2011

    FACTS: Spouses Joe A. Ros and Estrella Aguete filed a complaint for the annulment of the Real
    Estate Mortgage and all legal proceedings taken thereunder against PNB Laoag before the CFI of
    Ilocos Norte. Ros obtained a loan of ₱115,000.00 from PNB Laoag. He mortgaged a parcel of land as
    a security. When Ros failed to pay, PNB instituted extrajudicial foreclosure proceedings on the
    mortgaged property. The property was not redeemed after one year. Hence, it was consolidated and
    registered in the name of PNB Laoag.

    Aguete claimed she has no knowledge of the loan obtained by her husband nor she consented to the
    mortgage instituted on the conjugal property - interposing the defense that her signatures affixed on
    the documents were forged and that the loan did not redound to the benefit of the family.

    RTC: The Deed of REM and the foreclosure proceedings are null and void. Aguete did not sign the
    loan documents, did not appear before the Notary Public to acknowledge the execution of the loan
    documents, did not receive the loan proceeds from PNB, and was not aware of the loan until PNB
    notified her in 14 August 1978 that she and her family should vacate the mortgaged property because
    of the expiration of the redemption period. Ros could not encumber any real property of the conjugal
    partnership without Aguete’s consent.

    CA (reversed the RTC’s decision and dismissed the complaint): RTC concluded forgery without
    adequate proof. Assuming arguendo that Aguete did not give her consent to Ros’ loan, the conjugal
    partnership is still liable because the loan proceeds redounded to the benefit of the family. The records
    of the case reveal that the loan was used for the expansion of the family’s business.

    ISSUE: Whether the CA erred in declaring, without basis, that the loan contracted by Ros with PNB
    redounded to the benefit of his family, aside from the fact that such had not been raised by respondent
    in its appeal.

    RULING: No. The Civil Code was the applicable law at the time of the mortgage. The subject property
    is thus considered part of the conjugal partnership of gains. It was acquired during Ros and Aguete’s
    marriage. They were married on 16 January 1954, while the subject property was acquired in 1968.
    The property was mortgaged on 23 October 1974.

    PNB Laoag does not doubt that Aguete consented to Ros’ mortgage to PNB of the subject
    property. The husband cannot alienate or encumber any conjugal real property without the consent,
    express or implied, of the wife. Should the husband do so, then the contract is voidable. Article 173 of
    the Civil Code allows Aguete to question Ros’ encumbrance of the subject property. However, the
    same article does not guarantee that the courts will declare the annulment of the contract. Annulment
    will be declared only upon a finding that the wife did not give her consent. In the present case, we
    follow the conclusion of the appellate court and rule that Aguete gave her consent to Ros’
    encumbrance of the subject property.

    Ros’ application for loan shows that the loan would be used exclusively "for additional working
    [capital] of buy & sell of garlic & virginia tobacco." Debts contracted by the husband for and in the
    exercise of the industry or profession by which he contributes to the support of the family cannot be
    deemed to be his exclusive and private debts. Where the husband contracts obligations on behalf
    of the family business, the law presumes, and rightly so, that such obligation will redound to
    the benefit of the conjugal partnership. It is immaterial, if in the end, his business or profession fails
    or does not succeed. For this reason, we rule that Ros’ loan from PNB redounded to the benefit of the
    conjugal partnership. Hence, the debt is chargeable to the conjugal partnership.

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