Case Digest No 8

G.R. No. 169900 March 18, 2010 MARIO SIOCHI, Petitioner, vs. ALFREDO GOZON, et al., Respondents. G.R. No. 169977 INTER-DIMENSIONAL REALTY, INC., Petitioner, vs. MARIO SIOCHI, ELVIRA GOZON, et al., Respondents. CARPIO, J.:

Facts:

Elvira Gozon filed with the RTC Cavite a petition for legal separation against her husband Alfredo Gozon.
Then, while the pending case of Legal Separation of both parties, Alfredo and Mario entered into Agreement of Buy and Sell involving their conjugal property for the price of 18 million pesos. Mario pays the partial payment of the said price and he took the possession of the property.
When the Court granted the legal separation of Elvira and Mario, their property was dissolved and liquidated. Being the offending spouse, Alfredo is deprived of his share in the net profits and the same is awarded to their child Winifred R. Gozon whose custody is awarded to Elvira.
On Oct, 26, 1994 Alfredo sold that property into Inter Dimensional Realty Inc. for 18 million pesos in his favor by Winnifred. And the IDRI paid it in full payment.
Because of that Mario, filed a complaint with RTC Malabon for specific performance and damages, annulment of donation and sale, with preliminary mandatory and prohibitory injunction and/or temporary restraining order.
The Court held, the agreement between Alfredo and IDRI is null and void for their attempt of commission or continuance of their wrongful acts, further alienating or disposing of the subject property. Also the agreement of Alfredo and Mario is null and void, for the absence of written consent of Elvira Gozon for her property rights to the undivided one-half share in the conjugal property of this case.

Issue:

Whether or not the offending spouse, Alfredo Gozon has right to sell their conjugal partnership without the consent of the other spouse, and share of the net profits earned by the conjugal partnership.

Held:

No,
The absence of the consent of one of the spouse renders the entire sale void, including the portion of the conjugal property pertaining to the spouse who contracted the sale. Even if the other spouse actively participated in negotiating for the sale of the property, that other spouse’s written consent to the sale is still required by law for its validity. And the offending spouse in an action for legal separation is deprived of his share in the net profits of the conjugal properties.
Under Article 63 (2) of the Family Code, the absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of article

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