Pakeo, Fango-ok Pakeo & Gamlosen Law Office & Notarial Services

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Pakeo, Fango-ok Pakeo & Gamlosen Law Office & Notarial Services Legal services/preparation of legal documents/ notarial services

14/08/2026

๐‚๐š๐ง ๐จ๐ง๐ž ๐ฌ๐ฉ๐จ๐ฎ๐ฌ๐ž ๐ฌ๐ž๐œ๐ซ๐ž๐ญ๐ฅ๐ฒ ๐ฌ๐ž๐ฅ๐ฅ ๐œ๐จ๐ง๐ฃ๐ฎ๐ ๐š๐ฅ ๐ฉ๐ซ๐จ๐ฉ๐ž๐ซ๐ญ๐ฒ?

๐†๐ž๐ง๐ž๐ซ๐š๐ฅ๐ฅ๐ฒ, ๐ง๐จ.

One spouse cannot validly sell or encumber conjugal property without the other spouseโ€™s written consent or court authority.

Article 124 of the Family Code of the Philippines (1987) provides that administration and enjoyment of conjugal partnership property belong to both spouses jointly. A disposition or encumbrance made without the other spouseโ€™s written consent or court authority is void. The same rule applies to absolute-community property under Article 96.

Mere secrecy is not the controlling issue. The decisive question is whether the non-selling spouse gave clear written consent or whether the seller obtained the required court authority.

Even if the other spouse knew about the negotiations or was aware that the transaction was taking place, that knowledge is not the same as written consent. The Supreme Court held that the law requires written consent; mere awareness or participation in negotiations does not satisfy the requirement.

๐‹๐ž๐ ๐š๐ฅ ๐ž๐Ÿ๐Ÿ๐ž๐œ๐ญ ๐จ๐Ÿ ๐ญ๐ก๐ž ๐ฌ๐š๐ฅ๐ž

The sale is generally void, not merely voidable, when:

the property is part of the conjugal partnership;

the transaction was made during the effectivity of the Family Code; and

the selling spouse acted without the other spouseโ€™s written consent or court authority.

This applies regardless of whether the title is registered only in the selling spouseโ€™s name. Property acquired during the marriage is generally presumed conjugal unless the contrary is proved.

For property under the absolute community regime, the same principle applies. The Supreme Court held that a sale of community property by one spouse without the other spouseโ€™s written consent is void in its entirety, regardless of whose name appears on the title or who contributed to the acquisition.
Important qualification: continuing offer

The transaction is not necessarily incapable of becoming valid under all circumstances. Article 124 treats the unauthorized transaction as a continuing offer by the consenting spouse and the third person. It may become a binding contract if:

the non-consenting spouse later accepts it in the required manner;

or

the court authorizes it,

provided this occurs before the offer is withdrawn.

Address

Otek Street
Baguio City
2600

Opening Hours

Monday 8am - 5pm
Tuesday 8am - 5pm
Wednesday 8am - 5pm
Thursday 8am - 5pm
Friday 8am - 5pm
Saturday 9am - 4pm

Telephone

+639076031050

Website

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