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 wife’s 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.