People of the Philippines vs. Lagrimas

The appealed order of August 7, 1965 was set aside and the case remanded for reception of evidence. The heirs of Pelagio Cagro had obtained a final murder conviction against Froilan Lagrimas, including a civil indemnity, and sought to execute on lands declared for tax purposes in his name. Mercedes Aguirre de Lagrimas, the accused's wife, moved to quash the writs, claiming the lands belonged to the conjugal partnership and could not answer for her husband's pecuniary indemnity. The lower court declared the attachment and execution void on the theory that the conjugal partnership was exempt until liquidation. The Supreme Court held that Article 163 permits enforcement against partnership assets after Article 161 responsibilities