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Spouses De Los Reyes vs. Court of Appeals [SEPARATE OPINION, CONCURRING, VITUG, J.]

CLAUDIO DELOS REYES and LYDIA DELOS REYES, petitioners, vs. THE HON. COURT OF APPEALS and DALUYONG GABRIEL, substituted by his heirs, namely: MARIA LUISA G. ESTEBAN, MARIA RITA G. BARTOLOME & RENATO GABRIEL, respondents.

G.R. No. 129103 | 1999-09-03

CONCURRING OPINION

VITUG, J.:

I share the view expressed in the ponencia written for the Court by our esteemed colleague, Mme. Justice Minerva P. Gonzaga-Reyes, that holds the verbal contract of sale between petitioner spouses Claudio and Lydia de los Reyes and respondent Renato Gabriel to be void for lack of authority on the part of the latter to convey the property subject thereof.

Article 1409, of the Civil Code of the Philippines, has grouped together contracts which have theretofore been jurisprudentially considered void ab initio under the old code. The nullity of these contracts is rather definitive in nature and cannot thereby be...