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FACTS:
Dr. Ernesto Jardelaza suffered stroke that rendered him comatose.
Gilda, wife of the latter, filed a petition in RTC Iloilo to be allowed as
sole administrator of their conjugal property and be authorized to sell
the same as her husband is physically incapacitated to discharge his
functions. She further contest that such illness of the husband
necessitated expenses that would require her to sell their property in
Lot 4291 and its improvement to meet such necessities. RTC ruled
in favor of Gilda contending that such decision is pursuant to Article
124 of FC and that the proceedings thereon are governed by the
rules on summary proceedings.
During the pendency of the motion, Gilda sold the property to her
daughter and son in law. Upon the appeal by Teodoro, CA reversed
the decision of the lower court.
ISSUE:
Whether or Not Gilda as the wife of a husband who suffered stroke, a
cerebrovascular accident rendering him comatose, without motor and
mental faculties, may assume sole powers of administration of the
conjugal property and dispose a parcel of land with improvements.
RULING:
SC ruled in favor of Teodoro. The rule on summary proceedings
does not apply to cases where the non-consenting spouse is
incapacitated or incompetent to give consent. In this case, trial court
found that subject spouse was incompetent who was in a comatose
condition and with a diagnosis of brain stem infract. Hence, the
proper remedy is a judicial guardianship proceeding under the
Revised Rules of Court. The law provides that wife who assumes
sole powers of administration has the same powers and duties as a
guardian. Consequently, a spouse who desires to sell real property
as administrator of the conjugal property, must observe the
procedure for the sale of the wards estate required of judicial
guardians, and not the summary judicial proceedings under FC. SC
further held that such incapacity of the trial court to provide for an
opportunity to be heard is null and void on the ground of lack of due
process.