Julita Go Ong v. The Hon. Court of Appeals

Summary

This case involves the validity of a mortgage executed by a surviving spouse on conjugal property under estate administration without judicial approval. Julita Go Ong, as administratrix of her deceased husband's estate, mortgaged conjugal property to secure a loan for JK Exports, Inc. When the company defaulted, she claimed the mortgage was void for lack of judicial approval. The Supreme Court affirmed lower court rulings that the mortgage was valid as to her conjugal share and hereditary rights, since it was executed in her personal capacity rather than as administratrix. The Court applied Article 493 of the Civil Code, allowing co-owners to mortgage their portion, and held that Section 7, Rule 89 of the Rules of Court requiring judicial approval did not apply to personal transactions of the surviving spouse regarding her own property interests. The decision established that surviving spouses retain ownership rights over their conjugal share and inheritance, which they may freely encumber without court approval.