Roxas vs.

CA
198 SCRA 541
Petitioner Melania is married to Antonio Roxas but is now living separately.
Melania then found out that her estranged husband Antonio entered into a
contract of lease w/ Cayetano involving CPG. Melania planned to a flea
market w/ 20 stalls for grocery and dry goods in said area and invested 135k
for the preparation and construction. Mayors permit and Municipal license
was already issued but when she attempted to renew for said year, it was
blocked by Antonio Cayetano. She therefore seeks redress saying that there
was unlawful deprivation from operating her business as conjugal owner.
Cayetano moved to dismiss saying that there was no cause of action. TC
dismissed said complaint and CA affirmed TC.
ISSUE: WON a lease is an encumbrance and/or alienation within scope of Art
166 of NCC
HELD:
YES, consent of wife is necessary if lease is for more than one year since it is
now considered as a conveyance and encumbrance within the provisions of
the CC by which real property is conveyed or encumbered. Art 173 of CC,
remedy of wife to annul the contract.

Roxas vs. CA
198 SCRA 541
Petitioner Melania is married to Antonio Roxas but is now living separately.
Melania then found out that her estranged husband Antonio entered into a
contract of lease w/ Cayetano on 3/30/87 involving CPG in Nova QC TCT
378197.Melania planned to a flea market w/ 20 stalls for grocery and dry
goods in said area and invested 135k for the preparation and construction.
Mayors permit and Municipal license was already issued for 1986 but when
she attempted to renew for said year, it was blocked by Antonio Cayetano.
She therefore seeks redress saying that there was unlawful deprivation from
operating her business as conjugal owner. On 7/31/89 Cayetano moved to
dismiss saying that there was no cause of action.
TC dismissed said complaint and CA affirmed TC.
ISSUE: WON a lease is an encumbrance and/or alienation within scope of Art
166 of NCC
HELD: YES

Lease
Art 1643 of NCC
One of the parties binds himself to give to another the enjoyment or use of a
thing for a price certain, and for a period which may be definite or
indefinite. However no lease for more than 99 years shall be valid. Grant of
use and possession, encumbrance includes not only aliens but also
attachment, LEASES, and other restrictions. Lessor transfers right of use in
favor of lessee. Thus his right is impaired and may even be ejected by lessee
if lessor uses the leased realty. Thus it is a burden and encumbrance on the
land, alienation when lessee becomes the owner of the thing affected by the
lease. Thus consent of wife is necessary if lease is for more than one year
since it is now considered as a conveyance and encumbrance within the
provisions of the CC by which real property is conveyed or encumbered. Art
173 of CC, remedy of wife to annul the contract.