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Jader-Manalo vs. Camaisa
G.R. No. 147978.
January 23, 2002
The law requires that
the disposition of a conjugal property by the husband as administrator
in appropriate cases requires the written consent of
the wife, otherwise, the disposition
is void. Thus, Article 124 of the Family Code provides:
Art. 124. The administration
and enjoyment of the conjugal partnership property shall belong
to both spouses jointly. In case of disagreement, the husband’s
decision shall prevail, subject to recourse to the court by
the wife for a proper remedy, which must be availed of within
five years from the date of the contract implementing such
decision.
In the event that
one spouse is incapacitated or otherwise unable to participate
in the administration of the conjugal properties, the other
spouse may assume sole powers of administration. These powers
do not include the powers of disposition or encumbrance which
must have the authority of the court or the written consent
of the other spouse. In the absence of such authority
or consent the disposition or encumbrance shall be void. However,
the transaction shall be construed as a continuing offer on
the part of the consenting spouse and the third person, and
may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the
offer is withdrawn by either or both offerors.
(Underscoring ours.)
The properties subject
of the contracts in this case were conjugal; hence,
for the contracts to sell to be effective, the consent of
both husband and wife must concur.
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Executive
Order No. 209
The Family Code of the Philippines
Title XI: Summary Judicial Proceedings
in the Family Law
Chapter 1.
Prefatory Provisions
Art. 238.
Until modified by the Supreme Court, the procedural rules provided
for in this Title shall apply as regards separation in fact between
husband and wife, abandonment by one of the other, and incidents
involving parental authority. (n)
Chapter
2. Separation
in Fact
Art. 239.
When a husband and wife are separated in fact, or one has abandoned
the other and one of them seeks judicial authorization for a transaction
where the consent of the other spouse is required by law but such
consent is withheld or cannot be obtained, a verified petition may
be filed in court alleging the foregoing facts.
The petition shall attach the proposed
deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state
the reason why the required consent thereto cannot be secured. In
any case, the final deed duly executed by the parties shall be submitted
to and approved by the court. (n)
Art. 240.
Claims for damages by either spouse, except costs of the proceedings,
may be litigated only in a separate action. (n)
Art. 241.
Jurisdiction over the petition shall, upon proof of notice to the
other spouse, be exercised by the proper court authorized to hear
family cases, if one exists, or in the regional trial court or its
equivalent sitting in the place where either of the spouses resides.
(n)
Art. 242.
Upon the filing of the petition, the court shall notify the other
spouse, whose consent to the transaction is required, of said petition,
ordering said spouse to show cause why
the petition should not be granted, on or before the date set in
said notice for the initial conference. The notice shall be accompanied
by a copy of the petition and shall be served at the last known
address of the spouse concerned. (n)
Art. 243.
A preliminary conference shall be conducted by the judge personally
without the parties being assisted by counsel. After the initial
conference, if the court deems it useful, the parties may be assisted
by counsel at the succeeding conferences and hearings. (n)
Art. 244.
In case of non-appearance of the spouse whose consent is sought,
the court shall inquire into the reasons for his failure to appear,
and shall require such appearance, if possible. (n)
Art. 245.
If, despite all efforts, the attendance of the non-consenting spouse
is not secured, the court may proceed ex parte and render judgment
as the facts and circumstances may warrant. In any case, the judge
shall endeavor to protect the interests of the non-appearing spouse.
(n)
Art. 246.
If the petition is not resolved at the initial conference, said
petition shall be decided in a summary hearing on the basis of affidavits,
documentary evidence or oral testimonies at the sound discretion
of the court. If testimony is needed, the court shall specify the
witnesses to be heard and the subject-matter of their testimonies,
directing the parties to present said witnesses. (n)
Art. 247.
The judgment of the court shall be immediately final and executory.
(n)
Art. 248.
The petition for judicial authority to administer or encumber specific
separate property of the abandoning spouse and to use the fruits
or proceeds thereof for the support of the family shall also be
governed by these rules. (n)
Chapter
3. Incidents
Involving Parental Authority
Art. 249.
Petitions filed under Articles
223, 225
and 235
of this Code involving parental authority shall be verified. (n)
Art. 250. Such
petitions shall be verified and filed in the proper court of the
place where the child resides. (n)
Art. 251.
Upon the filing of the petition, the court shall notify the parents
or, in their absence or incapacity, the individuals, entities or
institutions exercising parental authority over the child. (n)
Art. 252.
The rules in Chapter 2 hereof shall also govern summary proceedings
under this Chapter insofar as they are applicable. (n)
Chapter 4.
Other Matters Subject to Summary Proceedings
Art. 253.
The foregoing rules in Chapters 2 and 3 hereof shall likewise govern
summary proceedings filed under Articles 41, 51, 69, 73, 96, 124
and 127, insofar as they are applicable. (n)
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