6/13/2014

CASE DIGEST | lapispapelatereyser

THELMA A. JADER-MANALO vs.NORMA FERNANDEZ C. CAMAISA

G.R. No. 147978. January 23, 2002.
FACTS:
Petitioner, Thelma A. Jader-Manalo made an offer to buy the properties of the respondents from the
husband of Norma Fernandez C. Camaisa, respondent Edilberto Camaisa. After some bargaining,
petitioner and Edilberto agreed upon the purchase price and terms of payment. The agreement handwritten
by the petitioner was signed by Edilberto, with assurance from him that he would secure his wifes consent.
Petitioner was later on surprised when she was informed that respondent spouses were backing out of the
agreement. Hence, she filed a complaint for specific performance and damages.

ISSUE:
Whether or not the husband may validly dispose of a conjugal property without the wife's written consent.
HELD:
Under Art. 124 of the Family Code: 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.
The properties subject to the contract in this case were conjugal; hence, for the contracts to sell to be
effective, the consent of both husband and wife must be obtained. Respondent Norma Camaisa did not give
her written consent to the sale. Even granting that respondent Norma actively participated in negotiating for
the sale of the subject properties, which she denied, her written consent to the sale is required by law for its
validity. She may have been aware of the negotiations for the sale of their conjugal properties, however that
is not sufficient to demonstrate consent.

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