Uy vs. CA the same powers and duties as a guardian.

Consequently, a spouse who desires to

GR No. 109557, November 29, 2000 sell real property as administrator of the conjugal property, must observe the
procedure for the sale of the ward’s estate required of judicial guardians, and not the
FACTS: 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
Dr. Ernesto Jardelaza suffered stroke that rendered him comatose. Gilda, wife of the lack of due process.
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.

The son of the spouses, Teodoro, filed a motion for reconsideration contending that
the petition made by her mother was essentially a petition for guardianship of the
person and properties of his father. As such it cannot be prosecuted in accordance
with the provisions on summary proceedings instead it should follows the ruled
governing special proceedings in the Revised Rules of Court requiring procedural
due process particularly the need for notice and a hearing on the merits. He further
reiterated that Chapter 2 of the FC comes under the heading on “Separation in Fact
Between Husband and Wife” contemplating a situation where both spouses are of
disposing mind. Hence, he argued that this should not be applied in their case.

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: WON 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.

HELD:

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
No Waiver of RISE can be made DURING the marriage
>except: in case of judicial separation of property (JSP)

Waiver takes place upon

1. JSP
2. Marriage – dissolved/annulled
- Shall
 Appear in a public instrument
 Recorded as provided in Art. 77
- Creditors of spouse who waivered may petition court to rescind the
waiver
>limit: to the extent of the amount sufficient to cover the amount of
their credits (Art. 89
Co-ownership provisions apply Conjugal partnership – governed by rules
in all matters not provided for in on CONTRACT OF PARTNERSHIP in
FC  all that is not in conflict with what is
expressly determined in this Chapter
or
 by the spouses in their marriage
settlements (Art. 108)

ALL property owned by the  proceeds, products, fruits, and

spouses –
 @ the time of the
celebration of the marriage
 /acquired thereafter
income from the SEPARATE
properties of the spouses
 those acquired by either/both
spouses by
 their efforts
 /chance
 Damages because of an accident
(loss of expected salary/hospitalization
expenses)

CONJUGAL PARTNERSHIP
PROPERTY (Section 3)
1. Property acquired DURING the
marriage (Art. 116)
a. Contracted/registered in
name of one/both spouses
b. Whether acquisition be for
the partnership or for ONLY
ONE of the spouses
2. The ff are CPP (Art. 117)
a. Acquired by onerous title
during the marriage @
expense of COMMON fund
b. Obtained from LIW/P
c. Fruits, (nat, industrial, /civil)
due/received DURING the
marriage from the common
property
+ net fruits from the
EXCLUSIVE property of each
spouse