Dolores Alejo v. Spouses Ernesto Cortez

Summary

The Supreme Court affirmed the Court of Appeals' ruling that declared void a Kasunduan (sale agreement) for conjugal property executed solely by the wife without the husband's written consent, as required by Family Code Article 124. Despite the husband's subsequent letters demanding compliance, the Court held these constituted a counter-offer with modified terms rather than acceptance of the original agreement. The void contract remained unenforceable as it lacked the mandatory written consent. However, the Court recognized the buyer as a possessor in good faith entitled to reimbursement of the ₱300,000 paid and indemnity for useful improvements made on the property, with retention rights until payment. This case reinforces the strict requirement of spousal consent in writing for valid disposition of conjugal property under Philippine family law.