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    Felipe vs. Aldon

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    Gilbert Yap
    The Supreme Court reviewed a case where spouses Maximo and Gemina Aldon purchased land during their marriage. Gemina later sold the land to the Felipes without Maximo's consent. After Maximo died, his heirs filed a complaint arguing the sale was invalid. The trial court sided with the Felipes, but the Court of Appeals reversed. The Supreme Court held that the sale was a voidable contract because Gemina lacked the capacity to consent to the sale without her husband's agreement, as both spouses' consent was required to validly sell property acquired during the marriage.

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    Felipe vs. Aldon

    Uploaded by

    Gilbert Yap
    145 views1 page
    The Supreme Court reviewed a case where spouses Maximo and Gemina Aldon purchased land during their marriage. Gemina later sold the land to the Felipes without Maximo's consent. After Maximo died, his heirs filed a complaint arguing the sale was invalid. The trial court sided with the Felipes, but the Court of Appeals reversed. The Supreme Court held that the sale was a voidable contract because Gemina lacked the capacity to consent to the sale without her husband's agreement, as both spouses' consent was required to validly sell property acquired during the marriage.

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    Felipe vs. Aldon

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    The Supreme Court reviewed a case where spouses Maximo and Gemina Aldon purchased land during their marriage. Gemina later sold the land to the Felipes without Maximo's consent. After Maximo died, his heirs filed a complaint arguing the sale was invalid. The trial court sided with the Felipes, but the Court of Appeals reversed. The Supreme Court held that the sale was a voidable contract because Gemina lacked the capacity to consent to the sale without her husband's agreement, as both spouses' consent was required to validly sell property acquired during the marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    145 views1 page

    Felipe vs. Aldon

    Uploaded by

    Gilbert Yap
    The Supreme Court reviewed a case where spouses Maximo and Gemina Aldon purchased land during their marriage. Gemina later sold the land to the Felipes without Maximo's consent. After Maximo died, his heirs filed a complaint arguing the sale was invalid. The trial court sided with the Felipes, but the Court of Appeals reversed. The Supreme Court held that the sale was a voidable contract because Gemina lacked the capacity to consent to the sale without her husband's agreement, as both spouses' consent was required to validly sell property acquired during the marriage.

    Copyright:

    © All Rights Reserved
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    Felipe vs. Heirs of Aldon


    120 SCRA 628

    Facts: During the marriage of Maximo Aldon and Gemina Almorasa, they bought
    several pieces of land. The lands were divided into three lots. Subsequently, Gemina
    sold the lots to the spouses Eduardo Felipe and Hermogena Felipe without the
    consent of her husband. Maximo died. Afterwhich, his heirs, namely Gemina and
    their children Sofia and Salvador filed a complaint against the Felipes alleging that
    they are the owners of the lots. The Felipes asserted that they had acquired the lots
    from the plaintiffs by purchase and subsequent delivery to them. The trial court
    sustained the claim of the defendants. The CA reversed the decision of the trial
    court.

    Issue: WON the sale of the lots by Gemina without the consent of the husband is
    defective.

    Held: The sale made by Gemina is certainly a defective conract, that is, a voidable
    contract.

    According to Article 1390 of the NCC, among the voidable contracts are
    “Those where one of the parties is incapable of giving consent to the contract.” In the
    instant case Gemina 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.

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