Pelayo v.

CA
G.R. 141323
Facts: The petitioner herein conveyed his property to the private respondent, With his spose as
the !itness. "n consideration that the private respondent drive a!ay s#atters $ro% the property
o$ the petitioner.
&t nonetheless thr n'sti$ied re$sal to cooperate, Private respondent $ailed to re(istered the
property nder his na%e, Ths this petition !here the petitioner contents that the contract o$
sale !as void, &ecase it alle(edly lac) the consent o$ his spose and $or the lac) o$
consideration.

"sse: Whether or not there !as a per$ected contract o$ sale.

*eld: +es, The cort held that the contract o$ sale !as per$ected, &ecase contract o$ sale is a
consensal contract that is per$ected ,y %ere consent, !hich %ay either ,e e-press or i%plied.
At the present case altho(h it appears on the deed o$ sale that the spose si(ned only as an
instr%ental !itness, circ%stances leadin( to the e-ection o$ said doc%ent point to the $act
that the spose !as $lly a!are o$ the sale o$ their con'(al property and consented to the sale.
And also the contention o$ the petitioner that there !as no consideration !as n%eritorios.
&ecase the ele%ent o$ consideration $or the sale is indeed present. Where the petitioner
athori.ed the respondent to represent the% in ne(otiations !ith the /s#atters0 occpyin( the
dispted property and, in consideration o$ respondent1s services, they e-ected the s,'ect
deed o$ sale.