Felipe v Heirs of Aldon

Felipe v Heirs of Aldon

120 SCRA 628

Facts: During the marriage of Maximo Aldon and Gemina Almorasa, they bought several pieces of land.
The lands were divided into three lots. Subsequently, Gemina sold the lots to the spouses Eduardo Felipe
and Hermogena Felipe without the consent of her husband. Maximo died. Afterwhich, his heirs, namely
Gemina and their children Sofia and Salvador filed a complaint against the Felipes alleging that they are
the owners of the lots. The Felipes asserted that they had acquired the lots from the plaintiffs by purchase
and subsequent delivery to them. The trial court sustained the claim of the defendants. The CA reversed
the decision of the trial court.

Issue: WON the sale of the lots by Gemina without the consent of the husband is defective.

Held: The sale made by Gemina is certainly a defective conract, that is, a voidable contract.

According to Article 1390 of the NCC, among the voidable contracts are “Those where one of the parties
is incapable of giving consent to the contract.” In the instant case Gemina had no capacity to give consent
to the contract of sale. The capacity to give consent belonged not even to the husband alone but to both
spouses.