This case has been cited 1 times or more.
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2014-07-07 |
PERALTA, J. |
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| More recently, we echoed the aforequoted ruling in Ros v. Philippine National Bank-Laoag Branch,[71] thus: The husband cannot alienate or encumber any conjugal real property without the consent, express or implied, of the wife. Should the husband do so, then the contract is voidable. Article 173 of the Civil Code allows Aguete to question Ros' encumbrance of the subject property. However, the same article does not guarantee that the courts will declare the annulment of the contract. Annulment will be declared only upon a finding that the wife did not give her consent. x x x.[72] | |||||