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Spouses ANTONIO and LUZVIMINDA GUIANG, petitioners, vs .

COURT
OF APPEALS and GILDA CORPUZ, respondents.

Facts:

- Husband sold one half of congugal property, consisting of their residence and the lot
on which it stood while his was in Manila, during which she objected to the sale of said
property.

- When she returned to Cotabato, she gathered her children together and stayed at
their house. She then filled a complaint before the RTC for the nullification of the deed
of sale executed by her husband in favor of the petitioner spouses. The RTC rendered
judgment in her favor and against petitioners. The CA, affirmed the trial court's ruling.

Issue: Whether or not the assailed Deed of Transfer of Rights was validly executed

Supreme Court Ruling:

- “In this instance, private respondent's


consent to the contract of sale of their conjugal property was totally inexistent or absent.
This being the case, said contract properly falls within the ambit of Article 124 of the Family
Code, which was correctly applied by the two lower courts.”

- When the husband sold the conjugal property withouht the knowledge and consent of
the wife, the sale is VOID.
- The subsequent and questionable “ amicable settlement” entered into by the wife with
the buyer in connection with the case for trespassing filed against the buyer in
connection with the case for trespassing filed against her by the buyer, where the wife
later contested her signature in the said settlement, could not have validated or ratified
an already void and illegal contract.

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