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HEIRS OF CHRISTINA AYUSTE v. CA

This case has been cited 1 times or more.

2003-08-28
YNARES-SANTIAGO, J.
Under the regime of the Civil Code, the alienation or encumbrance of a conjugal real property requires the consent of the wife. The absence of such consent renders the entire transaction[1] merely voidable and not void.[2] The wife may, during the marriage and within ten years from the transaction questioned, bring an action for the annulment of the contract entered into by her husband without her consent.[3]