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7 - 13th Set Guiang V CA
7 - 13th Set Guiang V CA
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
- 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.