SPOUSES REX AND CONCEPCION AGGABAO, petitioners, petitioners, versus DIONISIO Z. PARULAN, espondents. JR. and MA. ELENA PARULAN, r espondents. G.R. No. 165803 FACTS: Involved in this action are two parcels of land and their improvements in Parañaque City and registered under the name of Spouses Parulan, who have been estranged from one another. Real estate broker Atanacio offered the property to Spouses Aggabao who upon Atanacio’s insistence prevailed prevailed upon them, so that they and Atanacio met with Ma. Elena (Parulan’s wife) at the site of the property. During their meeting, Spouses Aggabao paid Ma. Elena earnest money amounting to P20,000 which she acknowledged with a handwritten receipt. Then and there, they agreed on the terms of how the buyers will pay the price of the property.
Spouses Aggabao complied with all the terms with regard to the payment of the properties, but when Ma. Elena already needed to turn over the owner’s duplicate copies for both lands, she was able to turn over only one (which was successfully transferred to the name of spouses Aggabao). For the other one, she said that it is with a relative in HongKong but she promised to deliver it to the spouses in a week. Needless to say, she failed to do so and by doing their own verification, the spouses found out that said copy of title was in the hands of Dionisio’s brother. The spouses met with Dionisio’s brother, Atty. Parulan, who told them that he is the one with the power to sell the property. He demanded P800,000 P800,000 for said property property and gave the spouses several several days to decide. When Atty. Parulan did not hear back from the spouses, he gave them a call, and was then informed that they have already paid the full amount to Ma. Elena. Subsequently, Dionisio, through Atty. Parulan, commenced an action praying for the declaration of the nullity of the deed of absolute sale executed by Ma. Elena, and the cancellation of the title issued to the petitioners by virtue thereof. ISSUE: Whether or not the sale of conjugal property made by Ma. Elena, by presenting a special power of attorney attorney to sell (SPA) purportedly purportedly executed by respondent respondent husband in her favor was validly validly made to the vendees RULING/RATIO: No, the Court ruled that the sale of conjugal property property without the consent of the husband was not merely voidable but void; hence, it could not be ratified. Spouses Aggabao also cannot use the defense that they are buyers in good faith because they did not exercise the necessary prudence to inquire into the wife’s authority to sell.
The relevant part of Article 124 of the Family Code provides provides that: xxx In the event that one spouse spouse is incap incapac acita itated ted or otherw otherwise ise un unabl ablee to parti particip cipate ate in the the admini administr strati ation on of the the conjuga conjugall properti properties, es, the other spouse spouse may may assume assume sole powers powers of administ administratio ration. n. These These powers do not include disposition or encumbrance without authority of the court or the writt written en conse consent nt of the other other spou spouse. se. In the absen absence ce of such such autho authorit rity y or conse consent, nt, the disposition or encumbrance encumbrance shall be void. xxx
Spouses Aggabao also failed to substantiate their contention that Dionisio, while holding the administration over the property, had delegated to his brother, Atty. Parulan, the administration of the property, considering that they did not present in court the SPA granting to Atty. Parulan the authority for the administration. Nonetheless, the Court would like to stress that the power of administration does not include acts of disposition or encumbrance, which are acts of strict ownership. As such, an authority to dispose cannot proceed from an authority to administer, and vice versa, for the two powers may only be exercised by an agent by following the provisions on agency of the Civil Code (from Article 1876 to Article 1878). Specifically, the apparent authority of Atty. Parulan, being a special agency, was limited to the sale of the property in question, and did not include or extend to the power to administer the property. On the other hand, we agree with Dionisio that the void sale was a continuing offer from the petitioners and Ma. Elena that Dionisio had the option of accepting or rejecting before the offer was withdrawn by either or both Ma. Elena and the petitioners. The last sentence of the second paragraph of Article 124 of the Family Code makes this clear, stating that in the absence of the other spouse’s consent, the transaction should 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 upon authorization by the court before the offer is withdrawn by either or both offerors.
