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Heirs of Christina Ayuste vs. Court of Appeals [SEPARATE OPINION, CONCURRING, VITUG, J.]

HEIRS OF CHRISTINA AYUSTE, petitioner, vs. COURT OF APPEALS and VIENA MALABONGA, respondents.

G.R. No. 118784 | 1999-09-02

CONCURRING OPINION

VITUG, J.:

The questioned sale was concluded on 27 February 1987, before the Family Code took effect; accordingly, the transaction could still be aptly governed by the then governing provisions of the Civil Code. Under this Code, the husband could not alienate or encumber any conjugal real property (acquired by the partnership after the effective date of the Civil Code) without the consent, express or implied, of the wife[1] (Art. 166, Civil Code; Bautista vs. Lovina, 98 Phil. 1006, 1956); otherwise, said the Supreme Court in Garcia vs. Court of Appeals (130 SCRA 433, 1984), reiterating Tolentino vs. Cardenas (123...