Dolores Alejo vs.

Spouses Ernesto Cortez

Facts:

Alejo are the owners of the parcel of land where there residential house was built
upon. On March 29, 1996, Jacinta excuted a Kasunduan with Dolores for the sale of
the property for P500, 000 which must be fully paid before the end of the year
1996. Thereafter, Jorge sent two letters to Dolores, one, informing her that he did
not consent to the sale; and the other, demanding that Dolores pay the balance of
P200,000 on or before October 5, 1996.Petitioner - Dolores offered to tender her
balance but Jorge refused to accept the same and instead filed cases for
ejectment and annulment of sale, reconveyance and recovery of possession
against her. Pending to the case, Jorge and Jacinta sold the subject property to
Spouse Cortez. Petitioner Dolores learned the transaction made by the spouses, she
filed a case against the Spouses Sps. Cortez for the annulment of the deed of sale
and damages. RTC ruled in favor Dolores declaring the Kasunduan as a perfected
contract. Contrary to the findings of the RTC, the CA declared the Kasunduan as
void absent Jorge’s consent and acceptance.

Issue:

Whether or not the Kasunduan entered by Petitioner – Jacinta, without Jorge’s

consent is valid?

Ruling:

No. The Supreme Court held that Sale by one Spouse of Conjugal Real Property is
Void Withoutthe Written Consent of the other Spouse. The law is therefore
unequivocal when it states that the disposition of conjugal property of one spouse
without the written consent of the other is void. Here, it is an established fact that
the Kasunduan was entered into solely by Jacinta and signed by her alone. By plain
terms of the law therefore, the Kasunduan is void.