- Petitioner
- Alberto C. Hidalgo
- Respondent
- Conrado Bascuguin
- Citation
- G.R. No. 233217
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Leonen, J.
- Decided
- October 6, 2021
Summary
Alberto Hidalgo challenged the validity of a pacto de retro sale executed by his wife Evelyn of their conjugal property to Conrado Bascuguin for P300,000 without his consent. Alberto proved his signature was forged as he was in Dubai when the December 2002 sale occurred, arriving in the Philippines only on December 23, 2002. The Supreme Court affirmed that under Article 124 of the Family Code, disposition of conjugal property without written spousal consent is void. However, applying Article 1398 of the Civil Code, the Court ordered mutual restitution: Bascuguin must return the property title while the Hidalgo spouses must reimburse the purchase price with legal interest. The Court noted Alberto was bound by his judicial admission offering such reimbursement and denied his claims for damages due to insufficient evidence.