Cabana, Adrian C.

DOCTRINE : The disposition of conjugal property of one spouse sans the written
consent of the other is void.

Case Title : Dolores Alejo vs. Spouses Ernesto Cortez,

GR. No. 206114; June 19, 2017
Tijam, J.:

Facts

Petitioner – 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
P500,000.00 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 J orge’s consent is valid?

Ruling

No. The Supreme Court held that Sale by one Spouse of Conjugal Real Property is Void Without
the Written Consent of the other Spouse. The law is therefore unequivocal when it states that the
disposition of conjugal property of one spouse withou 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.