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Art. 1397. The action for the annulment of Art. 1397. The action for the annulment of
contracts may be instituted by all who are contracts may be instituted by all who are
thereby obliged principally or subsidiarily. thereby obliged principally or subsidiarily.
However, persons who are capable cannot However, persons who are capable cannot
allege the incapacity of those with whom allege the incapacity of those with whom
they contracted; nor can those who they contracted; nor can those who
exerted intimidation, violence, or undue exerted intimidation, violence, or undue
influence, or employed fraud, or caused influence, or employed fraud, or caused
mistake base their action upon these flaws mistake base their action upon these flaws
of the contract. of the contract.
Art. 1399. When the defect of the contract Art. 234. Emancipation takes place by the
consists in the incapacity of one of the attainment of majority. Unless otherwise
parties, the incapacitated person is not provided, majority commences at the age
obliged to make any restitution except of twenty-one years.
insofar as he has been benefited by the Emancipation also takes place:
thing or price received by him.
(1) By the marriage of the minor; or
1. Necessaries (Arts. 1489 and 290); (2) By the recording in the Civil Register of
an agreement in a public instrument
Art. 1489. All persons who are authorized executed by the parent exercising parental
in this Code to obligate themselves, may authority and the minor at least eighteen
enter into a contract of sale, saving the years of age. Such emancipation shall be
modifications contained in the following irrevocable.
articles.
Art. 236. Emancipation for any cause shall
Art. 290; terminate parental authority over the
person and property of the child who shall
then be qualified and responsible for all
acts of civil life.
court before the offer is withdrawn by
B. SALES BY AND BETWEEN SPOUSES either or both offerors.
1. Contracts with Third Parties (Arts. Art. 124. The administration and
73, 96, and 124, Family Code) – enjoyment of the conjugal partnership shall
belong to both spouses jointly. In case of
Art. 73. Either spouse may exercise any disagreement, the husband's decision shall
legitimate profession, occupation, business prevail, subject to recourse to the court by
or activity without the consent of the other. the wife for proper remedy, which must be
The latter may object only on valid, availed of within five years from the date of
serious, and moral grounds. the contract implementing such decision.
In case of disagreement, the court shall In the event that one spouse is
decide whether or not: incapacitated or otherwise unable to
participate in the administration of the
(1) The objection is proper; and conjugal properties, the other spouse may
(2) Benefit has occurred to the assume sole powers of administration.
family prior to the objection or These powers do not include disposition or
thereafter. If the benefit accrued encumbrance without authority of the court
prior to the objection, the resulting or the written consent of the other spouse.
obligation shall be enforced against In the absence of such authority or
the separate property of the spouse consent, the disposition or encumbrance
who has not obtained consent. shall be void. However, the transaction
shall be construed as a continuing offer on
The foregoing provisions shall not prejudice the part of the consenting spouse and the
the rights of creditors who acted in good third person, and may be perfected as a
faith. binding contract upon the acceptance by
the other spouse or authorization by the
Art. 96. The administration and enjoyment court before the offer is withdrawn by
of the community property shall belong to either or both offerors.
both spouses jointly. In case of
disagreement, the husband's decision shall CASES:
prevail, subject to recourse to the court by RAVINA V. VILLA ABRILLE, G.R. NO.
the wife for proper remedy, which must be 160708, OCTOBER 16, 2009;
availed of within five years from the date of
the contract implementing such decision. FACTS:
Respondent Mary Ann Pasaol Villa Abrille
In the event that one spouse is and Pedro Villa Abrille are husband and
incapacitated or otherwise unable to wife. They have four children, who are also
participate in the administration of the parties to the instant case and are
common properties, the other spouse may represented by their mother, Mary Ann.
assume sole powers of administration.
These powers do not include disposition or In 1982, the spouses acquired a 555-
encumbrance without authority of the court square meter parcel of land denominated
or the written consent of the other spouse. as Lot 7, located in Davao City, and
In the absence of such authority or covered by Transfer Certificate of Title
consent, the disposition or encumbrance (TCT) No. T-88674 in their names. Said lot
shall be void. However, the transaction is adjacent to a parcel of land which Pedro
shall be construed as a continuing offer on acquired when he was still single and which
the part of the consenting spouse and the is registered solely in his name under TCT
third person, and may be perfected as a No. T-26471.
binding contract upon the acceptance by
the other spouse or authorization by the
Through their joint efforts and the proceeds connivance with the petitioners[21]
of a loan from the Development Bank of the surreptitiously transferred all their personal
Philippines (DBP), the spouses built a belongings to another place.
house on Lot 7 and Pedro’s lot. The house
was finished in the early 1980’s but the The respondents then were not allowed to
spouses continuously made improvements, enter their rightful home or family abode
including a poultry house and an annex. despite their impassioned pleas.
In 1991, Pedro got a mistress and began to Firmly established in our civil law is the
neglect his family. Mary Ann was forced to doctrine that: “Every person must, in the
sell or mortgage their movables to support exercise of his rights and in the
the family and the studies of her children. performance of his duties, act with justice,
By himself, Pedro offered to sell the house give everyone his due, and observe
and the two lots to herein petitioners, honesty and good faith.”[22] When a right
Patrocinia and Wilfredo Ravina. Mary Ann is exercised in a manner that does not
objected and notified the petitioners of her conform with such norms and results in
objections, but Pedro nonetheless sold the damages to another, a legal wrong is
house and the two lots without Mary Ann’s thereby committed for which the wrong
consent, as evidenced by a Deed of doer must be held responsible. Similarly,
Sale[5]. It appears on the said deed that any person who willfully causes loss or
Mary Ann did not sign on top of her name. injury to another in a manner that is
On July 5, 1991 while Mary Ann was contrary to morals, good customs or public
outside the house and the four children policy shall compensate the latter for the
were in school, Pedro together with armed damages caused. [23] It is patent in this
members of the Civilian Armed Forces case that petitioners’ alleged acts fall short
Geographical Unit (CAFGU) and acting in of these established civil law standards.
connivance with petitioners[6] began
transferring all their belongings from the AGGABAO V. PARULAN, JR., 629 SCRA
house to an apartment. 562 (2010);
The petitioners and the broker next Thus, on April 15, 1991, Dionisio, through
inquired about the mortgage and the court Atty. Parulan, commenced an action (Civil
order at the Los Baños Rural Bank. There, Case No. 91-1005 entitled Dionisio Z.
they met with Atty. Zarate, related that the Parulan, Jr., represented by Jeremy Z.
bank had asked for the court order because Parulan, as attorney in fact, v. Ma. Elena
the lot involved was conjugal property. Parulan, Sps. Rex and Coney Aggabao),
praying for the declaration of the nullity of
the deed of absolute sale executed by Ma. To start with, Article 25427 the Family
Elena, and the cancellation of the title Code has expressly repealed several titles
issued to the petitioners by virtue thereof. under the Civil Code, among them the
In turn, the petitioners filed on July 12, entire Title VI in which the provisions on
1991 their own action for specific the property relations between husband
performance with damages against the and wife, Article 173 included, are found.
respondents. Both cases were consolidated
for trial and judgment in the RTC. Secondly, the sale was made on March 18,
1991, or after August 3, 1988, the
On July 26, 2000, the Regional Trial Court effectivity of the Family Code. The proper
(RTC), Branch 136, in Makati City annulled law to apply is, therefore, Article 124 of the
the deed of absolute sale executed in favor Family Code, for it is settled that any
of the petitioners covering two parcels of alienation or encumbrance of conjugal
registered land the respondents owned for property made during the effectivity of the
want of the written consent of respondent Family Code is governed by Article 124 of
husband Dionisio Parulan, Jr. The CA the Family Code.
affirmed the RTC decision.
Article 124 of the Family Code provides:
ISSUE:
“Article 124. The administration and
Which between Article 173 of the Civil Code enjoyment of the conjugal partnership
and Article 124 of the Family Code should property shall belong to both spouses
apply to the sale of the conjugal property jointly. In case of disagreement, the
executed without the consent of Dionisio? husband’s decision shall prevail, subject to
recourse to the court by the wife for proper
HELD: remedy, which must be availed of within
five years from the date of the contract
Article 124, Family Code, applies to sale of implementing such decision.
conjugal properties made after the
effectivity of the Family Code In the event that one spouse is
incapacitated or otherwise unable to
RATIO: participate in the administration of the
conjugal properties, the other spouse may
The petitioners submit that Article 173 of assume sole powers of administration.
the CivilCode, not Article 124 of the Family These powers do not include disposition or
Code, governed the property relations of encumbrance without authority of the court
the respondents because they had been or the written consent of the other spouse.
married prior to the effectivity of the Family In the absence of such authority or
Code; and that the second paragraph of consent, the disposition or encumbrance
Article 124 of the Family Code should not shall be void. However, the transaction
apply because the other spouse held the shall be construed as a continuing offer on
administration over the conjugal property. the part of the consenting spouse and the
They argue that notwithstanding his third person, and may be perfected as a
absence from the country Dionisio still held binding contract upon the acceptance by
the administration of the conjugal property the other spouse or authorization by the
by virtue of his execution of the SPA in court before the offer is withdrawn by
favor of his brother; and that even either or both offerors.”
assuming that Article 124 of the Family Thirdly, according to Article 256 of the
Code properly applied, Dionisio ratified the Family Code, the provisions of the Family
sale through Atty. Parulan’s counter-offer Code may apply retroactively provided no
during the March 25, 1991 meeting. vested rights are impaired. In Tumlos v.
Fernandez, the Court rejected the
petitioner’s argument that the Family Code
did not apply because the acquisition of the the offer was withdrawn by either or both
contested property had occurred prior to Ma. Elena and the petitioners. The last
the effectivity of the Family Code, and sentence of the second paragraph of Article
pointed out that Article 256 provided that 124 of the Family Code makes this clear,
the Family Code could apply retroactively if stating that in the absence of the other
the application would not prejudice vested spouse’s consent, the transaction should
or acquired rights existing before the be construed as a continuing offer on the
effectivity of the Family Code. Herein, part of the consenting spouse and the third
however, the petitioners did not show any person, and may be perfected as a binding
vested right in the property acquired prior contract upon the acceptance by the other
to August 3, 1988 that exempted their spouse or upon authorization by the court
situation from the retroactive application of before the offer is withdrawn by either or
the Family Code. both offerors.
3. Applicability to Common-Law
Spouses (Art. 133);