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Antonio Guiang, et al. Vs. CA, et al.

Spouses ANTONIO and LUZVIMINDA GUIANG, petitioners, vs. COURT OF APPEALS and GILDA CORPUZ, respondents.

G.R. No. 125172 | 1998-06-26

D E C I S I O N

PANGANIBAN, J:

The sale of a conjugal property requires the consent of both the husband and the wife. The absence of the consent of one renders the sale null, and void, while the vitiation thereof makes it merely voidable. Only in the latter case can ratification cure the defect.

The Case

These were the principles that guided the Court in deciding this petition for review of the Decision 1 dated January 30, 1996 and the Resolution 2 dated May 28, 1996, promulgated by the Court of Appeals in CA-GR CV No. 41758, affirming the Decision of the lower court and denying reconsideration, respectively.

On May 28, 1990, Private...