[84]: Heirs of Ignacia Aguilar-Reyes v.

Mijares
(Sale by and between spouses)
G.R. No. 143826. August 28, 2003
YNARES-SANTIAGO, J.

Digested by: Pamela L. Altubar

FACTS:

Vicente and Ignacia Reyes got married in 1960, and had been separated de facto since
1974. In 1983, Vicente sold the subject property to Sps Mijares without Ignacia's knowledge.
Consequently, the TCT was cancelled and issued in the name of the Sps Mijares. Vicente also
claimed that Ignacia had died, and that their 5 minor children were the only heirs to the subject
property. He filed a petition for administration and appointment of guardian. The court then
granted him the guardianship of their children and authorized him to sell the property. In 1984,
Ignacia found out about the sale and the misrepresentation of Vincente. Ignacia demanded from
the Sps Mijares the return of her share of the subject property. Due to failure to settle this
matter with Sps Mijares, she filed a complaint for annulment of sale between Sps Mijares and
Vicente. Sps Mijares's defense was that they are purchasers in good faith and Vicente's
defense was that he only sold his share of the property.

ISSUE:

Is the sale between Vicente and Sps Mijares valid?

RULING:

No. The sale is voidable. It is indisputable that the subject lot is a conjugal property given
that it was bought using the conjugal funds of Sps Reyes during their marriage. Thus, Articles
166 and 173 of the Civil Code apply.

Under Art 166, " x x x the husband cannot alienate or encumber any real property of the
conjugal partnership without the wife’s consent." And Art 173 provides that "The wife may,
during the marriage and within ten years from the transaction questioned, ask the courts for the
annulment of any contract of the husband entered into without her consent, when such consent
is required, or any act or contract of the husband which tends to defraud her or impair her
interest in the conjugal partnership property. x x x"

Thus, the contract of sale between Vicente Reyes and Sps Mijares are voidable and the
wife may bring an action to annul the said alienation or encumbrance. Ignacia's action to annul
the sale is perfectly within the 10 year prescriptive period under Article 173 of the Civil Code.