MEMORANDUM Statement of facts Mrs. Anne Gi, 35 years old, accountant and married to Mr.

Gigi Gi, owners of a townhouse located at Brgy. Talipapa, Tugatug Subd., Smo ey mountain dri!e, "orth harbour, "a!otas. The said townhouse was bought by Mr. Gigi sometime in year #$$$ when he was still single, howe!er when Anne and Gigi got married in #$$% they occupied the said townhouse in "a!otas as their con&ugal home. The spouses Gi had a common friend named Mr. 'gme (egan, 35 years old and a cultural dancer. The spouse and Mr. (egan had been friends since high school. )n one occasion the spouses Gi and Mr. (egan had a con!ersation that Mrs. Anne Gi wanted to sell their townhouse to Mr. (egan for they are planning to buy a bigger house in preparation for her upcoming baby. Mr (egan said it would be a great idea to in!est and buy their townhouse and he would buy it once they decided to sell it. 'n april #$$*, Anne called Mr. (egan telling him that they finally found a bigger house in Ayala, Alabang, and as ed if he is still interested in buying the townhouse and that they would sell their house for 3 million. Mr (egan answered that he will call bac once the deed of sale and manager+s chec are ready.

)n ,une #$$*, Anne Gi went to -nited States of America .-SA/ to gi!e birth, while she was in the -SA she has decided not to sell the townhouse anymore. Then on ,uly #$$* her husband called and told her that he already signed the deed of sale and he has the manager+s chec , but Anne Gi refused to pursue the sale and she will not sign her conformity of the deed of sale. Then on )ctober #$$* Anne Gi arri!ed bac from -SA and called Mr. (egan informing him that she will not pursue the sale of the townhouse and would return his money in cash. She further claimed that they both owned the property because they ac0uired it using their &oint sa!ings )n the other hand Mr. (egan refused to accept the offer of Anne Gi claiming that the sale has been consummated and the certificate of title had already been transferred in his name. 1espite Mr. (egan+s contentions Mrs. Anne Gi still stands firm in her decision that she will ha!e the sale annulled, since she did not consent to the sale. Issues: 2. 3hether or not the sale has been consummated4 #. 3hether or not Mrs. Anne Gi may annul the sale of their property4 3. 3hether or not Mrs. Anne Gi is entitled to claim damages4

ARGUMENTS I The contract of sale is not consummated. A sale to be !alid there must be a contract then, for a contract to be !alid the following re0uisites must be present as pro!ided in Art. 2325. )f the 6i!il 6ode There is no contract unless the following re0uisites concur7 .2/ 6onsent of the contracting parties8 .#/ )b&ect certain which is the sub&ect matter of the contract8 .3/ 6ause of the obligation which is established. .2#92/ Mr 'gme (egan 6laims that the sale has been consummated. 'n this instance there is lac of consent on the part of Mrs. Anne Gi the wife of Mr. Gigi Gi, because the property in!ol!ed is a property owned by the spouses hence, both spouses must consent to the said contract. Since one of the re0uisites is lac ing then the sale is not deemed to ha!e been consummated for there is no contract to spea of. 'n the case of Ain:a ;s <adua, =9# S6(A 9=* The consent of both >ugenia and Antonio is necessary for the sale of the con&ugal property to be !alid. Antonio+s consent cannot be presumed. >?cept for the self@ser!ing testimony of petitioner "ati!idad, there is no e!idence that Antonio participated or consented to the sale of the con&ugal

property. >ugenia alone is incapable of gi!ing consent to the contract. Therefore, in the absence of Antonio+s consent, the disposition made by >ugenia is !oidable. The gi!en &urisprudence is similar to the case of Mrs. Anne Gi that she did not consented to her husband+s action in selling the property. The contract of sale is not !alid and therefore not consummated. II Mrs. Anne Gi may annul the contract of sale. The law pro!ides in Art. 23*$ of the 6i!il 6ode the following contracts are !oidable or annullable, e!en though there may ha!e been no damage to the contracting parties7 .2/ Those where one of the parties is incapable of gi!ing consent to a contract8 .#/ Those where the consent is !itiated by mista e, !iolence, intimidation, undue influence or fraud. These contracts are binding, unless they are annulled by a proper action in court. They are susceptible of ratification. .n/ Mr. Gigi Gi is incapable of gi!ing his consent because he also needs the consent for his wife Anne Gi before he may sell the townhouse. The reason for the action of filing annulment of contract of sale is also in compliance with the law that it must brought before the court for proper action.

'n a case decided by the Supreme 6ourt . ,ader@Manalo !s. 6amaisa, 3%= S6(A #*5/ The law re0uires that the disposition of a con&ugal property by the husband as administrator in appropriate cases re0uires the written consent of the wife, otherwise, the disposition is !oid. Thus, Article 2#= of the Aamily 6ode pro!ides7 Art. 2#=. The administration and en&oyment of the con&ugal partnership property shall belong to both spouses &ointly. 'n case of disagreement, the husbandBs decision shall pre!ail, sub&ect to recourse to the court by the wife for a proper remedy, which must be a!ailed of within fi!e years from the date of the contract implementing such decision. 'n the e!ent that one spouse is incapacitated or otherwise unable to participate in the administration of the con&ugal properties, the other spouse may assume sole powers of administration. These powers do not include the powers of disposition or encumbrance which must ha!e the authority of the court or the written consent of the other spouse. 'n the absence of such authority or consent the disposition or encumbrance shall be !oid. Cowe!er, 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 authori:ation by the court before the offer is withdrawn by either or both offerors. .-nderscoring ours./

The properties sub&ect of the contracts in this case was con&ugal8 hence, for the contracts to sell to be effecti!e, the consent of both husband and wife must concur. (espondent "orma 6amaisa admittedly did not gi!e her written consent to the sale. >!en granting that respondent "orma acti!ely participated in negotiating for the sale of the sub&ect properties, which she denied, her written consent to the sale is re0uired by law for its !alidity. Significantly, petitioner herself admits that "orma refused to sign the contracts to sell. (espondent "orma may ha!e been aware of the negotiations for the sale of their con&ugal properties. Cowe!er, being merely aware of a transaction is not consent. Mrs. Anne Gi did not ga!e her consent to her husband, and absence of such written consent to the sale ma es the sale in!alid, hence the contract of sale for being !oid may be annulled. III Mrs Anne Gi is entitled to claim dama es. The case is against the contract of sale of a townhouse and Since the action falls under contracts and as pro!ided in the 6i!il code, Art. ####. The court may award nominal damages in e!ery obligation arising from any source enumerated in Article 225%,

(Art. 1157. Obligations arise from: (2) Contracts;)

or in e!ery case

where any property right has been in!aded. !RA"ER 3herefore plaintiff Mrs. Anne Gi respectfully prays to the court to render &udgment7 2. 'n annulling the said contract of sale entered into by Mr. Gigi Gi and Mr. 'gme (egan #. )rdering defendant 'gme (egan to pay nominal damages of 3$,$$$php and attorney+s fee of 2$,$$$php.

,onathan G. >nri0ue: 6ounsel for plaintiff Mrs. Anne Gi 2#th Alr. Summer Bldg. 2#3 Ma ati a!enue Ma ati city Atty. (oll no. 2#3=5 'B< =599%5 2#@#2@$* <T( 359%5*# $#@$2@$*