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Vicente Villaranda vs Sps Honorio Villaranda, et al

VICENTE G. VILLARANDA, petitioner, vs. Spouses HONORIO G. VILLARANDA and ANA MARIA Y. VILLARANDA; and COLORHOUSE LABORATORIES, INC., respondents.

G.R. No. 153447 | 2004-02-23

FIRST DIVISION

D E C I S I O N 

PANGANIBAN, J.: 

Without the wife's consent, the husband's alienation or encumbrance of conjugal property prior to the effectivity of the Family Code is not void, but merely voidable. 

The Case 

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, challenging the October 25, 2001 Decision[2] and the April 23, 2002 Resolution[3] of the Court of Appeals (CA) in CA-GR CV No. 55810. The assailed Decision disposed as follows: 

"UPON THE VIEW WE TAKE OF THIS CASE, the present appeal is hereby DISMISSED and the judgment appealed from AFFIRMED in toto. Costs shall be taxed...