Scribd
Upload
429 views1 page

Abrenica Vs Abrenica GR No 180572 Case Digest

This document summarizes a Supreme Court case between spouses Erlando Abrenica and Joena Abrenica vs. the law firm of Abrenica, Tungol and Tibayan. Erlando and Joena were law partners, and the firm filed a case against Erlando to return partnership funds. Joena filed an affidavit claiming she and her stepchildren owned properties that were being levied by the sheriff. However, the Supreme Court denied the petition because two stepchildren were already adults, and parental authority over the third child belonged to his parents, not Joena. The court also determined that under Article 92 of the Family Code, properties acquired before the marriage or from a former marriage are excluded from community property and

Uploaded by

Lei Jeus Taligatos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
429 views1 page

Abrenica Vs Abrenica GR No 180572 Case Digest

This document summarizes a Supreme Court case between spouses Erlando Abrenica and Joena Abrenica vs. the law firm of Abrenica, Tungol and Tibayan. Erlando and Joena were law partners, and the firm filed a case against Erlando to return partnership funds. Joena filed an affidavit claiming she and her stepchildren owned properties that were being levied by the sheriff. However, the Supreme Court denied the petition because two stepchildren were already adults, and parental authority over the third child belonged to his parents, not Joena. The court also determined that under Article 92 of the Family Code, properties acquired before the marriage or from a former marriage are excluded from community property and

Uploaded by

Lei Jeus Taligatos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

5.

ABRENICA VS ABRENICA

G.R. No. 180572               June 18, 2012

SPOUSES ATTY. ERLANDO A. ABRENICA and JOENA B. ABRENICA Petitioners, 


vs.
LAW FIRM OF ABRENICA, TUNGOL and TIBAYAN, ATTYS. ABELARDO M. TIBAYAN and
DANILO N. TUNGOL, Respondents.

FACTS:

 Petitioner Erlando Abrenica and respondent Joena Abrenica were law firm partners. The
respondent filed a case against the petitioner to return partnership funds representing profits
from the sale of a parcel of land and sought to recover from petitioner retainer fees that he
received from two clients of the firm and the balance of the cash advance that he obtained.
 Petitioner filed and Urgent Omnibus Motion alleging that the sheriff had levied on the
properties belonging to his children and petitioner Joena. Joena filed an Affidavit of Third Party
alleging that she and her stepchildren owned a number of the personal properties sought to be
levied and that it was under their ACP.
 A Sheriff’s Certificate of Sale was issued on 3rd of January, 2008 in favor of the law firm of the
petitioner’s properties.

*Petitioner has been previously married to another woman but their marriage has already been
dissolved.

ISSUE:

Whether or not Joena had the right to the claim?

HELD:

The petition was denied.

No. Two of these stepchildren were already of legal age when Joena filed her Affidavit. As to one of
the children, parental authority over him belongs to his parents. Absent any special power of
attorney authorizing Joena to represent Erlando’s children, her claim cannot be sustained.

Article 92, paragraph 3 of the Family Code excludes from the community property the property
acquired before the marriage of a spouse who has legitimate descendants by a former marriage;
and the fruits and the income, if any, of that property. Thus, neither these two vehicles nor the
house and lot belong to the second marriage.

You might also like