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Aguilar-Reyes vs Spouses Mijares 410 SCRA 97

HEIRS OF IGNACIA AGUILAR-REYES, petitioners, vs. Sps Cipriano Mijares and Florentina Mijares, respondents.

G.R. No. 143826 | 2003-08-28

D E C I S I O N

YNARES-SANTIAGO, J.:

Under the regime of the Civil Code, the alienation or encumbrance of a conjugal real property requires the consent of the wife. The absence of such consent renders the entire transaction[1] merely voidable and not void.[2] The wife may, during the marriage and within ten years from the transaction questioned, bring an action for the annulment of the contract entered into by her husband without her consent.[3]

Assailed in this petition for review on certiorari are the January 26, 2000 Decision[4] and June 19, 2000, Resolution[5] of the Court of Appeals in CA-G.R. No. 28464 which declared respondents as...