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5th October 2012 CASE DIGEST

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.

Posted 5th October 2012 by Unknown

Labels: Case Digest, Civil Law

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