Juristz

G.R. No. 143826. August 28, 2003 Heirs of Ignacia Aguilar-Reyes Vs. Spouses Cipriano Mijares, et al. 1.      VICENTE, misrepresenting that his wife, IGNACIA, died on March 22, 1982, sold their conjugal property to spouses   MIJARES. The death certificate, however, reveals that the same was issued by the Office of the Civil Registrar of Lubao Pampanga on March 10, 1982. IGNACIA filed a complaint for annulment of sale. Should the annulment of the contract affect ½ share of the wife or the whole contract, in its entirety? The whole contract should be annulled. The plain language of the law orders that the contract, in its entirety, executed by the husband without the wife’s consent, may be annulled by the wife. 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 conjuga...