CASE DIGEST

THELMA A. JADER-MANALO vs. NORMA FERNANDEZ C. CAMAISA

G.R. No. 147978. January 23, 2002.
FACTS:
Petitioner, Thelma A. Jader-Manalo made an offer to buy the properties of the
respondents from the husband of Norma Fernandez C. Camaisa, respondent Edilberto
Camaisa. After some bargaining, petitioner and Edilberto agreed upon the purchase price
and terms of payment. The agreement handwritten by the petitioner was signed by
Edilberto, with assurance from him that he would secure his wifes consent. Petitioner was
later on surprised when she was informed that respondent spouses were backing out of the
agreement. Hence, she filed a complaint for specific performance and damages.
ISSUE:
Whether or not the husband may validly dispose of a conjugal property without the
wife's written consent.
HELD:
Under Art. 124 of the Family Code: In the event that one spouse is incapacitated or
otherwise unable to participate in the administration of the conjugal properties, the other
spouse may assume sole powers of administration. These powers do not include the powers
of disposition or encumbrance which must have the authority of the court or the written
consent of the other spouse. In the absence of such authority or consent the disposition or
encumbrance shall be void.
The properties subject to the contract in this case were conjugal; hence, for the
contracts to sell to be effective, the consent of both husband and wife must be obtained.
Respondent Norma Camaisa did not give her written consent to the sale. Even granting that
respondent Norma actively participated in negotiating for the sale of the subject properties,
which she denied, her written consent to the sale is required by law for its validity. She may
have been aware of the negotiations for the sale of their conjugal properties, however that is
not sufficient to demonstrate consent.