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their common legitimate children for the exclusive purposeof commencing or completing a professional or vocationalcourse or other activity for self-improvement. (Art. 121(8),FC)Following the provisions of the Civil Code, the wife isincapable of giving consent to a contract, and thus, if shedisposes the a property of the conjugal property, thedisposition is voidable. This contract may only be annulledby the husband during the marriage. (Felipe v. Heirs ofAldon)(Cheeseman v. IAC)(Frenzel v. Catito)Before the effectivity of the Family Code, if the husbanddisposes the property of the conjugal partnership, thedisposition is voidable. But if the disposition happenedafter the effectivity of the Family Code, the disposition isvoid. (Ayuste v. CA)The annulment may only be brought by the offendedspouse because if he does not question the dispositionthen it would be deemed that the consented. (Villaranda v.Spouses Villaranda)The consent of the wife was given orally and thus can onlybe questioned within 6 years (prescription period forcontracts violating the statutes of fraud) and not 10 years(prescription period to question the disposition of theconjugal property under the Civil Code). (Ainza v. CA)(Alinas v. Alinas)PERSONS AND FAMILY RELATIONS – Legarda/MawisBy RRE, DLSU College of Law, 201016
(Siochi v. Gozon)Administration, Encumbrance/Disposition of Exclusive PropertyBy the Spouse-OwnerThe spouses retain the ownership, possession, administration and enjoyment of their exclusive properties. (Art. 110(1), FC)By the Other SpouseEither spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means ofa public instrument, which shall be recorded in the registry of property of the place the property is located. (Art. 110(2), FC)The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse:(1) When one spouse becomes the guardian of the other;(2) When one spouse is judicially declared an absentee;(3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or(4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case.If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shallappoint a suitable person to be the administrator. (Art. 142, FC)The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership ofgains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regimeagreed upon is void, the system of absolute community of property as established in this Code shall govern. (Art. 75, FC)(Veloso v. Martinez)(Manotok Realty v. CA)(Ong v. CA)Disposition and EncumbranceA spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without theconsent of the other spouse, and appear alone in court to litigate with regard to the same. (Art. 111, FC)