Roxas vs. Court of Appeals

Facts:

Melania A. Roxas v. The Hon. Court of Appeals and Antonio M. Cayetano, G.R. No. 92245, June 26, 1991, Supreme Court Second Division, Paras, J., writing for the Court. Petitioner Melania A. Roxas (the wife) sued her estranged husband, Antonio S. Roxas, and the lessee, Antonio M. Cayetano, alleging that on March 30, 1987 her husband executed a contract of lease covering a portion of their conjugal lot (described in T.C.T. No. 378197) without her knowledge or marital consent. Petitioner alleged she had planned to operate a flea market and mini-mart on that portion, had obtained or sought municipal permits, and had expended about P135,000 in planning and initial construction; she also alleged loss and sought damages and attorney’s fees. A xerox copy of the lease was attached to the complaint.

Respondent Cayetano moved to dismiss the complaint for failure to state a cause of action; petitioner opposed and the husband filed an answer. The trial court granted the motion and dismissed the complaint in an Order dated August 16, 1989; a motion for reconsideration was denied on September 29, 1989. Petitioner then appealed. The Second Division of the Court referred the case to the Court of Appeals on November 27, 1989 for “proper determination and disposition.” The Court of Appeals affirmed the trial court’s dismissal in toto. Petitioner then directly appealed to the Supreme Court, invoking review of the lower courts’ rulings. The core dispute presented was whether a husband, as administrator of the conjuga...(Pro-only)

Issues:

• May a husband, as administrator of the conjugal partnership, lawfully enter into a contract of lease affecting conjugal real property without the wife's knowledge and consent?
• If the husband entered into such a lease without the wife's consent, does the wife have a cause of action to annul the contract and may she proceed against ...(Pro-only)

Ruling:

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Ratio:

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Doctrine:

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