Title
Novino vs. Court of Appeals
Case
G.R. No. L-21098
Decision Date
May 31, 1963
Carmen Novino sought to annul a property sale, claiming lack of spousal consent, but the court upheld its validity, citing her void marriage and inapplicability of Article 144.
A

Case Digest (G.R. No. L-21098)

Facts:

  • Parties Involved:
    • Petitioners: Carmen P. Novino and Rodolfo Novino.
    • Respondents: Lina Y. Fuentes, Rafael Fuentes, and the People's Homesite and Housing Corporation (PHHC).
  • Background of the Case:
    • Carmen Novino sold real property she had acquired from the PHHC.
    • She later sought to annul the sale, claiming she did not obtain the consent of Rodolfo Novino, whom she referred to as her husband.
  • Marital Status of Carmen and Rodolfo:
    • The Court of Appeals found that Carmen and Rodolfo's marriage was null and void from the beginning because both had surviving spouses at the time of their purported marriage.
  • Property Acquisition and Sale:
    • The property in question was acquired by Carmen during her cohabitation with Rodolfo.
    • Carmen argued that the sale should be annulled due to the lack of Rodolfo's consent, invoking Article 144 of the Civil Code.
  • Court of Appeals' Ruling:
    • The Court of Appeals ruled that the sale was valid, as Rodolfo's consent was unnecessary given the nullity of their marriage.

Issues:

  • Whether the Court of Appeals erred in dismissing the petition for review without stating the facts and the law on which its resolution was based.
  • Whether the Court of Appeals failed to apply Article 144 of the Civil Code, which governs property relations between unmarried cohabitants.
  • Whether Carmen Novino has the right to annul the sale of the property due to the lack of Rodolfo's consent.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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