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Delaying Gratification
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Sunday, December 23, 2018 Search This Blog

Jader-Manalo v. Camaisa (2002)

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Thelma A. JADER-MANALO v. Norma Fernandez CAMAISA and Edilberto
CAMAISA About Me
GR No. 147978
Delaying Gratification
January 23, 2002
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Ponente: Justice Kapunan

FACTS: Report Labels

Abuse 1987
Thelma A. Jader-Manalo (petitioner) allegedly came across an advertisement placed by Constitution
respondents regarding the sale of a ten-door apartment in Makati and Taytay, Rizal in the April absolute
community of
1992 issue of the Bulletin Today newspaper. In a complaint filed against with the Regional property
Trial Court, Jader-Manalo stated that she was interested in buying the two properties and abuse of rights
negotiated for the purchase through Mr. Proseso Ereno (real-state broker). The petitioner then Bill of Rights
met with the vendors (respondent-spouses) and expressed a definite offer to buy the properties breach of
in the presence of the real estate broker. Edilberto then agreed upon the purchase price of P1.5 promise to
marry
M and P2.1M to be paid on installment basis for the Taytay and Makati properties,
case briefs
respectively. When petitioner pointed out the conjugal nature of the properties, Edilberto
case digest
assured her of his wife’s conformity and consent to the sale. A formal typewritten Contracts to
case digests
Sell were thereafter prepared by the petitioner, and checks were delivered. Edilberto’s wife
cases
Norma asked to meet with herein petitioner to discuss some provisions of the contract, and
civil code
some changes were noted which were to be incorporated to the contract. Petitioner was then
civil code of
surprised when respondent spouses informer her that they were backing out of the agreement the
and needed “spot cash” for the full amount of reconsideration. Petitioner then reminded the philippines
spouses that the contracts to sell were already perfected and Norma’s refusal to sign would Civil Law
cause undue prejudice. Norma’s refusal to sign prompted the petitioner to file a complaint for Commonwealt
specific performance and damages against the respondent spouses in the RTC Makati. The h Act

trial court rendered a summary judgment dismissing the complaint under Article 124 of the Constitution
Constitutional
Family Code which states that the court cannot intervene to authorize the transaction in the
Law
absence of the wife’s consent. On appeal, the Court of Appeals affirmed the dismissal by the
contracts
trial court and explained that the properties in question were conjugal properties and thus
criminal law
requires the consent of both of the spouses to effect such sale. The petitioner contends that the
damages
Court of Appeals erred when it failed to consider that the contract of sale is consensual and is
Digest
perfected by the mere consent of the parties.
Due Process
executive
ISSUE: branch
- W/N raised in this case whether or not the husband may validly dispose of a conjugal future
property without the wife’s written consent. inheritance
law
HOLDING/RATIONALE: law school

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 - NO. The properties of the contracts in this case were conjugal. Hence, for the contracts to law school
philippines
sell to be effective, the consent of both the husband and wife must concur. Being merely aware
Legislative
of a transaction is not consent.
Branch
- It must be noted that Article 124 of the Family Code is only resorted to in cases where the marriage
spouse does not give consent is incapacitated. oblicon
- The petitioner failed to allege and prove that respondent Norma was incapacitated to give her
obligations
consent to the contracts. and contracts
- The Court does not find error in the decisions of the trial court and the Court of Appeals. obligatory
force

JUDGMENT: penalties
Persons and
Family
- The petition is hereby DENIED, and the decision of Court of Appeals is AFFIRMED. Relations
Philippine
Constitution
Philippine
Political Law
philippines

- December 23, 2018 Police Power

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