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    #75 Siochi v. Gozon

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    Cedric
    Alfredo Gozon entered into an agreement to sell conjugal property to Mario Siochi while separated from his wife Elvira. The court later granted their legal separation. As the offending spouse, Alfredo was deprived of his share of the conjugal property, which was instead awarded to his daughter. Mario then filed a case arguing the sale agreement was void as Alfredo's wife did not consent. The Court of Appeals and Supreme Court ruled that the sale was void without the consent of both spouses and that as the offending spouse, Alfredo had no right to sell or profit from the conjugal property.

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    #75 Siochi v. Gozon

    Uploaded by

    Cedric
    97 views1 page
    Alfredo Gozon entered into an agreement to sell conjugal property to Mario Siochi while separated from his wife Elvira. The court later granted their legal separation. As the offending spouse, Alfredo was deprived of his share of the conjugal property, which was instead awarded to his daughter. Mario then filed a case arguing the sale agreement was void as Alfredo's wife did not consent. The Court of Appeals and Supreme Court ruled that the sale was void without the consent of both spouses and that as the offending spouse, Alfredo had no right to sell or profit from the conjugal property.

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    Case digest on PFR

    Original Title

    #75 SIOCHI V. GOZON

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    Alfredo Gozon entered into an agreement to sell conjugal property to Mario Siochi while separated from his wife Elvira. The court later granted their legal separation. As the offending spouse, Alfredo was deprived of his share of the conjugal property, which was instead awarded to his daughter. Mario then filed a case arguing the sale agreement was void as Alfredo's wife did not consent. The Court of Appeals and Supreme Court ruled that the sale was void without the consent of both spouses and that as the offending spouse, Alfredo had no right to sell or profit from the conjugal property.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    97 views1 page

    #75 Siochi v. Gozon

    Uploaded by

    Cedric
    Alfredo Gozon entered into an agreement to sell conjugal property to Mario Siochi while separated from his wife Elvira. The court later granted their legal separation. As the offending spouse, Alfredo was deprived of his share of the conjugal property, which was instead awarded to his daughter. Mario then filed a case arguing the sale agreement was void as Alfredo's wife did not consent. The Court of Appeals and Supreme Court ruled that the sale was void without the consent of both spouses and that as the offending spouse, Alfredo had no right to sell or profit from the conjugal property.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    WEEK 04 #75 SIOCHI V. GOZON of his daughter Winifred.

    Moreover, Alfredo must return the


    G.R. No. 169900| 18 March 2010 down payment to Mario with damages.
    BY: ANG, CEDRIC SEAN
    TOPIC: DISPOSITION AND EMCUMBRANCE
    PETITIONER: MARIO SIOCHI ISSUE: Whether the offending spouse, Alfredo Gozon, has right to
    RESPONDENT: ALFREDO GOZON sell their conjugal partnership without the consent of the other
    PONENTE: CARPIO, J. spouse?

    FACTS: RULING:

    Elvira Gozon filed with the RTC Cavite a petition for legal No, Alfredo Gozon does not have the right to sell the
    separation against her husband respondent Alfredo Gozon. conjugal property without the consent of his wife.
    However, while the case of legal separation was pending,
    respondent Alfredo and petitioner Mario entered into Agreement The absence of the consent of one of the spouse renders
    of Buy and Sell involving their conjugal property for the price of the entire sale void, including the portion of the conjugal
    18 million pesos. Mario pays the partial payment of the said price property pertaining to the spouse who contracted the sale. Even
    and he took the possession of the property. if the other spouse actively participated in negotiating for the
    sale of the property, that other spouse’s written consent to the
    sale is still required by law for its validity.
    When the Court granted the legal separation of Elvira and
    Mario, their property was dissolved and liquidated. Respondent Moreover, the offending spouse in an action for legal
    Alfredo, the offending spouse, is deprived of his share in the net separation is deprived of his share in the net profits of the
    profits and the same is awarded to their child Winifred R. Gozon conjugal properties.
    whose custody is awarded to Elvira.
    Alfredo, by virtue of a Special Power of Attorney executed in his Under Article 63 (2) of the Family Code, the absolute
    favor by Winifred, sold the property to Inter-Dimensional Realty, community or the conjugal partnership shall be dissolved and
    Inc. for ₱18 million. Then, Mario filed a complaint with the RTC liquidated but the offending spouse shall have no right to any
    for specific performance and damages, annulment of donation share of the net profits earned by the absolute community or the
    and sale, with preliminary mandatory and prohibitory injunction conjugal partnership, which shall be forfeited in accordance with
    and/or temporary restraining order. the provisions of article
    The Court of Appeals decided that the sale between petitioner
    Mario Siochi and Alfredo is void due to the absence of the written
    consent of wife Elvira Gozon for her property rights to the
    undivided one-half share in the conjugal property of this case.
    The share of Alfredo, the offending spouse, was forfeited in favor

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