AMALIA PLATA v. HON. NICASIO YATCO GR No.

L-20825, December 28, 1964 TOPIC: What is excluded from CPG (c) Acquired by Redemption/exchange, FC 109(3) FACTS:

LUIS LIM v. ISABEL GARCIA GR No. 2904, January 11. 1907 TOPIC: What is excluded from CPG (c) Acquired by Redemption/exchange, FC 109(3) FACTS: Hilario Lim died intestate in 1903 leaving his widow, Isabel Garcia, 9 children and an interest in an estate valued at P50,000. The trial court said that the entire estate as shown in the inventory prepared by the administrator, Luis Lim, was conjugal property except the following: o house and lot on Calle Magallanes, Zamboanga and the sum of P10,000 both brought by the deceased to the marriage o P700 which is the purchase price paid by the deceased for a certain lot had been brought into his marriage and was sold in the course of the administration of his estate together with the improvements made during the period of coverture Petitioner and children of deceased contend that the properties should not be treated as the property of conjugal partnership o REASON: deceased brought to the marriage property worth more than double the amount of the intestate estate and the widow brought nothing to the conjugal partnership either at the time of marriage and any time after Trial court upheld its opinion because the evidence was not sufficient to overcome the presumption established I Art 1407 of the CC: all the estate of the married couple will be considered as conjugal partnership property (bienes gananciales) unless and until it is proven that it is a part of the separate estate of the husband or the wife

ISSUE: W/N the properties left by the deceased are separate property of the husband. DECISION: Properties left by the deceased are conjugal property. RATIO: The Court agrees with the trial court that evidence was not sufficient to support the contention against Art. 1407. The records shows that costs to construct the buildings in the lot purchased were derived from the conjugal partnership funds and was in accordance to Art 1404: the buildings erected during coverture on land belonging to one of the married couple will be considered as conjugal partnership property, after allowing the owner of the land the value thereof." Out of all the errors raised by Luis Lim, the Court discussed the error by the trial court regarding the three parcels of land in the name of Isabel Garcia which is part of her separate estate. o Evidence shows that the lands in question were conveyed to her by a third party in exchange of the property she inherited from her father during the coverture thus it is part of her separate property under Article 1396: property acquired by exchange for other property belonging separately to one of the married couple is the separate property of the owner of the property for which it is exchanged. o The trial court speaks of the property as dowry but such was not shown in the record. Nevertheless, the court excluded the three parcels of land from the inventory of the property of the deceased which was to be distributed among his legitimate heirs.