Bravo-Guerrero v.

Bravo
G.R. No. 152658 July 29, 2005 J. Carpio
petitioners Lily Elizabeth Bravo- Guerrero and other heirs of Sps. Bravo
respondents Edward Bravo, represented by his attorney-in-fact Fatima Bravo and David Diaz, Jr.
summary Simona Bravo executed a GPA authorizing her husband, Mauricio, to mortgage or otherwise
sell or dispose of her property. Mauricio sold 2 parcels of land to their son and grandchildren.
SC held that the deed of sale was valid. Art.1878 refers to the nature of the authorization, not
to its form. Even if a document is titled as a GPA, the requirement of a SPA is met if there is a
clear mandate from the principal specifically authorizing the performance of the act. In this
case, the GPA executed authorized Mauricio to sell, assign and dispose of Simonas
property.

facts of the case

Sps. Mauricio Bravo and Simona Bravo owned 2 parcels of land. In 1966, Simona executed a GPA appointing
Mauricio as her attorney-in-fact. In the GPA, Simona authorized Mauricio to mortgage or otherwise hypothecate, sell,
assign and dispose of any and all of my property, real, personal or mixed, of any kind whatsoever and wheresoever
situated, or any interest therein xxx. Mauricio subsequently mortgaged the properties to PNB and DBP, then in 1970,
sold the properties for P1,000 to his children, Roland, Ofelia and Elizabeth. Part of the agreement was for the buyers to
assume the mortgage on the property. The Deed of Sale was not annotated on the TCTs nor presented to PNB and/or
DBP. The mortgage loans continued to be in Mauricios name even after his death in 1973. Simona died in 1977.
In 1997, Edward filed an action for judicial partition of the properties asserting his right as co-owner of the same.
However, petitioners refused to share with him possession and rental income of the properties. Edward later amended
his complaint to include a prayer to annul the Deed of Sale. He argued that it was VOID due to the ff:
1. Mauricio executed the Deed of Sale without Simonas consent
2. Sale was merely simulated, as shown by the grossly inadequate consideration, to prejudice the other heirs

issue WON the sale of 2 parcels of land by Mauricio armed with a GPA valid? YES

ratio
1. Lack of wifes consent does not render the sale void
Under the present CC, it is well-settled that contracts alienating conjugal real property without the wifes consent
are merely voidable that is, binding on the parties unless annulled by a competent court and not void ab initio.
Only the wife can ask to annul a contract that disposes of conjugal real property without her consent. The wife must
file the action for annulment during the marriage and within ten years from the questioned transaction. If the wife
fails to exercise this right within the specified period, the wife or her heirs can only demand the value of the property
provided they prove that the husband fraudulently alienated the property.

As applied, the present action to annul the Deed of Sale was filed out of time. The marriage of Mauricio and
Simona was dissolved when Mauricio died in 1973. More than ten years have passed since the execution of the Deed
of Sale. Also, Simona never assailed the Deed of Sale until her death.

2. [IMPORTANT] GPA may contain a special power satisfying the requirement of Art. 1878

Art. 1878 requires a special power of attorney for an agent to execute a contract that transfers the
ownership of an immovable. However, the Court has clarified that Art. 1878 refers to the nature of the
authorization, not to its form. Even if a document is titled as a general power of attorney, the
requirement of a special power of attorney is met if there is a clear mandate from the principal
specifically authorizing the performance of the act.

As in the case Veloso v. CA, there was no need to execute a separate and special power of attorney since
the general power of attorney had expressly authorized the agent or attorney in fact the power to sell the
subject property. The special power of attorney can be included in the general power when it is
specified therein the act or transaction for which the special power is required.

1
 AS APPLIED, Simona expressly authorized Mauricio in the GPA to sell, assign and dispose of any
and all of my property, real, personal or mixed, of any kind whatsoever and wheresoever situated, or any
interest therein xxx as well as to act as my general representative and agent, with full authority to buy,
sell, negotiate and contract for me and in my behalf. Taken together, these provisions constitute a clear
and specific mandate to Mauricio to sell the properties. Even if it is called a general power of attorney,
the specific provisions in the GPA are sufficient for the purposes of Art. 1878. These provisions in the GPA
likewise indicate that Simona consented to the sale of the Properties.

3. Price was not grossly inadequate

Gross inadequacy of price by itself will not result in a void contract. Gross inadequacy of price does not even
affect the validity of a contract of sale, unless it signifies a defect in the consent or that the parties actually intended a
donation or some other contract. Inadequacy of cause will not invalidate a contract unless there has been fraud,
mistake or undue influence.

As applied, respondents have not proved any of the instances that would invalidate the Deed of Sale. While it
was stated to be for only P1,000, the assumption of P15,000 mortgage would make the sale for the total consideration
of P16,000. The sale was made in 1970 and considering its location in Makati, the sharp increase in the current FMV
may not be considered as shocking to the conscience as to justify the setting aside of the Deed of Sale.

4. Presumption of regularity

Both the GPA and Deed of Sale were notarized. They enjoy the presumption of regularity, which was not
overcome in this case.