Guiang vs. CA, 291 SCRA 372, June 26, 1998
Guiang vs. CA, 291 SCRA 372, June 26, 1998
Guiang vs. CA, 291 SCRA 372, June 26, 1998
FACTS:
The sale of a conjugal property requires the consent of both
the husband and the wife. The absence of the consent of
one renders the sale null and void, while the vitiation
thereof makes it merely voidable. Only in the latter case can
ratification cure the defect.
HELD:
Yes. Art 124 of the FC rules that In the event that one
spouse is incapacitated or otherwise unable to participate in
the administration of the conjugal properties, the other
spouse may assume sole powers of administration. These
powers do not include the powers of disposition or
encumbrance which must have the authority of the court or
the written consent of the other spouse. In the absence of
such authority or consent, the disposition or encumbrance
shall be void.