Felipe v Heirs of Maximo Aldon

- Maximo Aldon and his wife, GImena Almosara bought a parcel of land in 1936 that
they later divided to 3. GImena sold these lots to spouses Eduardo and Hermogena
Felipe in 1951 without the consent of Maximo.
- In 1976, the heirs of Maximo Aldon (Gimena and their 2 children) filed a complaint
against the Felipes alleging that they were the owners of the said land, that it was
orally mortgaged to the Felipes and an offer to redeem the mortagage has been
refused.
- The Felipes assert that they obtained the parcels of land thru purchase and
subsequent delivery.

W/N the “Deed of Purchase and Sale” executed by Gimena was void.

NO. It was voidable.

According to Art. 1390 of the Civil Code, among the voidable contracts are "[T]hose
where one of the parties is incapable of giving consent to the contract." Article 172
of the Civil Code provides that the wife cannot bind the conjugal partnership
without the husband's consent except in cases provided by law. In the instant case,
Gimena had no capacity to give consent to the contract of sale. The capacity to give
consent belonged not even to the husband alone but to both spouses.
The voidable contract of Gimena was subject to annulment by her husband only
during the marriage because he was the victim who had an interest in the contract.
Gimena, who was the party responsible for the defect, could not ask for its
annulment. After the death of Maximo, his children acquired the right to question
the defective contract insofar as it deprived them of their hereditary rights in their
father's share in the lands.
The Felipes were also found to have purchased the properties in bad faith because
of their actions to have Gimena Almosara sign a ready-made document purporting
to self the disputed lots to the appellees in December 1970, showing that they
knew that the lots still did not belong to them.
Judgment is entered awarding to Sofia and Salvador Aldon their shares of the lands.
The petitioners, as possessors in bad faith, shall make an accounting of the fruits
corresponding to the share aforementioned from 1959 and solidarity pay their
value to Sofia and Salvador Aldon.