Civil Law, 2022 Bar — Question I-3

ESSAY

Before they married in 2000, Nonoy and Daday signed a marriage settlement wherein they agreed that their property relations as husband and wife would be governed by the conjugal partnership of gains. While the marriage was subsisting, they acquired a parcel of land using conjugal funds. The Register of Deeds issued a Transfer certificate of title over the said land in the name of "Nonoy, married to Daday". Nonoy sold the parcel of land to Barby without Daday's consent. Daday was not aware of the sale and did not sign the contract of sale. A year after Nonoy and Barby signed the contract of sale, Daday died. When the children of Nonoy and Daday learned about the sale to Barby, they questioned its validity since Daday had not consented to the sale. Nonoy's position is that Daday's consent was not required because the property was registered in his name. Is the sale to Barby valid? Explain briefly. (5 points)

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