This case has been cited 1 times or more.
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2010-03-18 |
CARPIO, J. |
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| In this case, Alfredo was the sole administrator of the property because Elvira, with whom Alfredo was separated in fact, was unable to participate in the administration of the conjugal property. However, as sole administrator of the property, Alfredo still cannot sell the property without the written consent of Elvira or the authority of the court. Without such consent or authority, the sale is void.[16] The absence of the consent of one of the spouse renders the entire sale void, including the portion of the conjugal property pertaining to the spouse who contracted the sale.[17] Even if the other spouse actively participated in negotiating for the sale of the property, that other spouse's written consent to the sale is still required by law for its validity.[18] The Agreement entered into by Alfredo and Mario was without the written consent of Elvira. Thus, the Agreement is entirely void. As regards Mario's contention that the Agreement is a continuing offer which may be perfected by Elvira's acceptance before the offer is withdrawn, the fact that the property was subsequently donated by Alfredo to Winifred and then sold to IDRI clearly indicates that the offer was already withdrawn. | |||||