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1. Necessaries (Arts. 1489 and 290); (1) By the marriage of the minor; or
(2) By the recording in the Civil Register of
Art. 1489. All persons who are authorized an agreement in a public instrument
in this Code to obligate themselves, may executed by the parent exercising parental
enter into a contract of sale, saving the authority and the minor at least eighteen
modifications contained in the following years of age. Such emancipation shall be
articles. irrevocable.
In case of disagreement, the court shall In the event that one spouse is
decide whether or not: incapacitated or otherwise unable to
participate in the administration of the
(1) The objection is proper; and conjugal properties, the other spouse may
(2) Benefit has occurred to the assume sole powers of administration.
family prior to the objection or These powers do not include disposition or
thereafter. If the benefit accrued encumbrance without authority of the court
prior to the objection, the resulting or the written consent of the other spouse.
obligation shall be enforced against In the absence of such authority or
the separate property of the spouse consent, the disposition or encumbrance
who has not obtained consent. shall be void. However, the transaction
shall be construed as a continuing offer on
The foregoing provisions shall not prejudice the part of the consenting spouse and the
the rights of creditors who acted in good third person, and may be perfected as a
faith. binding contract upon the acceptance by
the other spouse or authorization by the
Art. 96. The administration and enjoyment court before the offer is withdrawn by
of the community property shall belong to either or both offerors.
both spouses jointly. In case of
disagreement, the husband's decision shall CASES:
prevail, subject to recourse to the court by RAVINA V. VILLA ABRILLE, G.R. NO.
the wife for proper remedy, which must be 160708, OCTOBER 16, 2009;
availed of within five years from the date of
the contract implementing such decision. FACTS:
Respondent Mary Ann Pasaol Villa Abrille
In the event that one spouse is and Pedro Villa Abrille are husband and
incapacitated or otherwise unable to wife. They have four children, who are also
participate in the administration of the parties to the instant case and are
common properties, the other spouse may represented by their mother, Mary Ann.
assume sole powers of administration.
These powers do not include disposition or In 1982, the spouses acquired a 555-
encumbrance without authority of the court square meter parcel of land denominated
or the written consent of the other spouse. as Lot 7, located in Davao City, and
In the absence of such authority or covered by Transfer Certificate of Title
consent, the disposition or encumbrance (TCT) No. T-88674 in their names. Said lot
shall be void. However, the transaction is adjacent to a parcel of land which Pedro
shall be construed as a continuing offer on acquired when he was still single and which
the part of the consenting spouse and the is registered solely in his name under TCT
third person, and may be perfected as a No. T-26471.
binding contract upon the acceptance by
the other spouse or authorization by the Through their joint efforts and the proceeds
court before the offer is withdrawn by of a loan from the Development Bank of the
either or both offerors. Philippines (DBP), the spouses built a
house on Lot 7 and Pedro’s lot. The house
Art. 124. The administration and was finished in the early 1980’s but the
enjoyment of the conjugal partnership shall spouses continuously made improvements,
belong to both spouses jointly. In case of including a poultry house and an annex.
disagreement, the husband's decision shall
prevail, subject to recourse to the court by
In 1991, Pedro got a mistress and began to Firmly established in our civil law is the
neglect his family. Mary Ann was forced to doctrine that: “Every person must, in the
sell or mortgage their movables to support exercise of his rights and in the
the family and the studies of her children. performance of his duties, act with justice,
By himself, Pedro offered to sell the house give everyone his due, and observe
and the two lots to herein petitioners, honesty and good faith.”[22] When a right
Patrocinia and Wilfredo Ravina. Mary Ann is exercised in a manner that does not
objected and notified the petitioners of her conform with such norms and results in
objections, but Pedro nonetheless sold the damages to another, a legal wrong is
house and the two lots without Mary Ann’s thereby committed for which the wrong
consent, as evidenced by a Deed of doer must be held responsible. Similarly,
Sale[5]. It appears on the said deed that any person who willfully causes loss or
Mary Ann did not sign on top of her name. injury to another in a manner that is
On July 5, 1991 while Mary Ann was contrary to morals, good customs or public
outside the house and the four children policy shall compensate the latter for the
were in school, Pedro together with armed damages caused. [23] It is patent in this
members of the Civilian Armed Forces case that petitioners’ alleged acts fall short
Geographical Unit (CAFGU) and acting in of these established civil law standards.
connivance with petitioners[6] began
transferring all their belongings from the AGGABAO V. PARULAN, JR., 629 SCRA
house to an apartment. 562 (2010);
3. Applicability to Common-Law
Spouses (Art. 133);