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CPG Doctrines

By Kylie Dado

(c) Disposition and Encumbrance

Siochi vs. Gozon

The law provides that the administration and enjoyment of the


conjugal partnership property shall belong to both spouses jointly.

In the event that one spouse is incapacitated or otherwise unable to


participate in the administration of the conjugal properties, the other
spouse may assume sole powers of administration. These powers do
not include the powers of disposition or encumbrance which must have
the authority of the court or the written consent of the other spouse. In
the absence of such authority or consent, the disposition or
encumbrance shall be void.
However, the transaction shall be construed as a continuing offer
on the part of the consenting spouse and the third person, and
may be perfected as a binding contract upon the acceptance by
the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors.

Written consent is required even when, in the instant case, the spouses
are separated in fact.

Flores vs. Lindo

Both Article 96 and Article 127 of the Family Code provide that the
powers do not include disposition or encumbrance without the written
consent of the other spouse. Any disposition or encumbrance without
the written consent shall be void. However, both provisions also state
that the transaction shall be construed as a continuing offer on the
part of the consenting spouse and the third person, and may be
perfected as a binding contract upon the acceptance by the other
spouse before the offer is withdrawn by either or both offerors.

12. Effects of Dissolution

(a) Liquidation Procedure

Barrido vs. Nonato

Although Article 129 provides for the procedure in case of


dissolution of the conjugal partnership regime, Article 147
specifically covers the effects of void marriages on the spouses
property relations.

Art. 147: xxx under a void marriage, their wages and salaries shall
be owned by them in equal shares and the property acquired by
both of them through their work or industry shall be governed by
the rules on coownership.

Under this property regime, property acquired by both spouses


through their work and industry shall be governed by the rules on
equal coownership. Any property acquired during the union is prima
facie presumed to have been obtained through their joint efforts. A
party who did not participate in the acquisition of the property shall
be considered as having contributed to the same jointly if said
party's efforts consisted in the care and maintenance of the family
household. Efforts in the care and maintenance of the family and
household are regarded as contributions to the acquisition of
common property by one who has no salary or income or work or
industry.

When only one of the parties to a void marriage is in good faith, the
share of the party in bad faith in the co ownership shall be forfeited
in favor of:
their common children.
n case of default of or waiver by any or all of the common
children or their descendants, each vacant share shall belong to
the respective surviving descendants
In the absence of descendants, such share shall belong to the
innocent party
In all cases, the forfeiture shall take place upon termination of the
cohabitation.