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 conjugal partnership without the wife’s consent. If she refuses unreasonably to give her consent, the court may compel her to grant the same…

Art. 173. The wife may, during the marriage and within ten years from the transaction questioned, ask the courts for the annulment of any contract of the husband entered into without her consent, when such consent is required, or any act or contract of the husband which tends to defraud her or impair her interest in the conjugal partnership property. Should the wife fail to exercise this right, she or her heirs after the dissolution of the marriage, may demand the value of property fraudulently alienated by the husband.


2.     Using the facts on No. 1, were the spouses MIJARES purchasers in Good faith?


No.

In the instant case, there existed circumstance that should have placed respondent spouses on guard.

The death certificate of IGNACIA reveals that it was issued by the Office of the Civil Registrar of Lubao Pampanga on March 10, 1982. This flaw in the death certificate should have prompted respondents to investigate further.

Moreover, respondent spouses had all the opportunity to verify the claim of Vicente that he is a widower. 

Comments

Post a Comment

Popular posts from this blog

Ricardo Del Poso y Dela Cerna Vs. People of the Philippines G.R No. 210810. December 7, 2016 The victim, VVV was given by her biological mother to the petitioner when she was 7 years old and the latter then acted as her guardian. On September 10, 2005, when VVV was 9 years old, petitioner ordered her to attend to petitioner's photocopying          business. While attending the business, VVV fell asleep. When petitioner saw VVV asleep, the former became furious and laid VVV on top of an ironing board and placed a heated flat iron on her. When VVV tried to evade the heat emanating from the flat iron, her forehead, right elbow, left cheek, left buttock and back got burned. Thereafter, petitioner got her down from the ironing board and ordered her to sleep. The following morning, petitioner's wife saw the burns on VVV and told petitioner not to do it again. Later on, VVV went to her Lola Ma. Luisa to watch TV and the latter, and several other...
Read more

JR HAULING SERVICES AND OSCAR MAPUE, PETITIONERS, VS. GAVINO L. SOLAMO, RAMIL JERUSALEM, ARMANDO PARUNGAO, RAFAEL CAPAROS, JR., NORIEL SOLAMO, ALFREDO SALANGSANG, MARK PARUNGAO AND DEAN V. CALVO, RESPONDENTS.

Image
G.R. No. 214294 I What is the quantum of proof required in illegal dismissal cases? The quantum of proof required is merely substantial evidence - which only entails evidence to support a conclusion, "even if other minds, equally reasonable, might conceivably opine otherwise." II Are affidavits sufficient to establish substantial evidence in labor cases? Explain.  Yes, in labor cases, affidavits may be sufficient to establish substantial evidence. The rules of evidence prevailing in courts of law do not control proceedings before the labor tribunals where decisions may be reached on the basis of position papers, accompanied by supporting documents, including affidavits of witnesses, and other allied pleadings. III What is the weight of an affidavit of witness in labor case? A notarized document carries the evidentiary weight conferred upon it with respect to its due execution. It has in its favor the presumption of regularity, which may only be rebutted by evidence so clear, ...
Read more

Marcelo G. Saluday Vs. People of the Philippines G.R. No. 215305. April 3, 2018

Marcelo G. Saluday Vs. People of the Philippines G.R. No. 215305. April 3, 2018 On 5 May 2009. Bus No. 66 of Davao Metro Shuttle was flagged down by Task Force Davao of the Philippine Army at a checkpoint near the Tefasco Wharf in Ilang, Davao City. SCAA Junbert M. Buco (Buco), a member of the Task Force, requested all male passengers to disembark from the vehicle while allowing the female passengers to remain inside. He then boarded the bus to check the presence and intercept the entry of any contraband, illegal firearms or explosives, and suspicious individuals. SCAA Buco checked all the baggage and personal effects of the passengers, but a small, gray-black pack bag on the seat at the rear of the bus caught his attention. He lifted the bag and found it too heavy for its small size. SCAA Buco then looked at the male passengers lined outside and noticed that a man in a white shirt (later identified as petitioner) kept peeping through the window towards the direction of the b...
Read more