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RAMONES v. AURORA P. AGBAYANI

This case has been cited 2 times or more.

2009-12-18
As we held in Vda. De Ramones v. Agbayani:[45]
2008-06-05
QUISUMBING, J.
Anent the second issue, the sale by Florentino without Elisera's consent is not, however, void ab initio.  In Vda. de Ramones v. Agbayani,[21] citing Villaranda v. Villaranda,[22] we held that without the wife's consent, the husband's alienation or encumbrance of conjugal property prior to the effectivity of the Family Code on August 3, 1988 is not void, but merely voidable.  Articles 166 and 173 of the Civil Code[23] provide:ART. 166.  Unless the wife has been declared a non compos mentis or a spendthrift, or is under civil interdiction or is confined in a leprosarium, the husband cannot alienate or encumber any real property of the conjugal partnership without the wife's consent...