In re: Voluntary Dissolution of the Conjugal Partnership of Jose Bermas, Sr. and Filar Manuel Bermas
No. L-20379. June 22, 1965.
In 1962, an Agreement for Dissolution of Conjugal Partnership and Separation of Property was jointly executed by petitioners states that they are and have been legally married since December 24, 1932, that they have two children and during their marriage have acquired twelve (12) parcels of land and two (2) buildings. Petitioners have mutually agreed to dissolve their conjugal partnership, and to the establishment of a separation of properties in the manner specified in the contract to prevent friction, dissension and confusion among their respective heirs in the future, particularly because petitioner Jose Bermas, Sr. has two (2) sets of children, one by a former marriage, and another by his present wife, the other petitioner. After publication and hearing, the court rendered the appealed decision, denying the petition upon the ground that, under Article 192 of the Civil Code of the Philippines. Consequently, said children by first marriage of petitioner Jose Bermas, Sr. do not appear to have been notified personally of the filing of the petition and of the date of the hearing thereof, although the danger of substantial injury to their rights would seem to be remote.
“The husband and the wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. All the creditors of the husband and of the wife, as well as of the conjugal partnership, shall be notified of any petition for judicial approval of the voluntary dissolution of the conjugal partnership, so that any such creditors may appear at the hearing to safeguard his interests. Upon approval of the petition for dissolution of the conjugal partnership, the court shall take such measures as may protect the creditors and other third persons.”
-Whether or not the conjugal partnership may be dissolved without notification of the children children by first marriage, although the danger of substantial injury to their rights would seem to be remote.
– NO. This liquidation should not and cannot be effected without a liquidation of the conjugal partnership between Jose Bermas, Sr. and his first wife, in which the children by first marriage certainly have an interest. The partnership property shall be divided between the different (conjugal) partnerships in proportion to the duration of each and to the property belonging to the respective spouses,” as provided in Article 189 of the aforementioned Code (Article 1431 of the Spanish Civil Code). Hence, it is essential that said children by previous marriage be personally notified of the instant proceedings, and that, for this purpose, their names and addresses, as well as the addresses of the children of herein petitioners, be furnished by them.