IX.

a.

Yes, the sale is valid but the contract is voidable accordance with Article 1390 of the Civil Code.

Hubby has no capacity to give consent to the contract because under the family code, the separation
in fact between husband and wife shall not affect the regime of conjugal partnership. Also in the
same code, it is provided that in the event that one spouse is incapacitated or otherwise unable to
participate in the administration of the conjugal properties, the other spouse may assume sole
powers of administration. These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be void.

While the provision speaks of void, it may seem to suggest that it is merely voidable because such
disposition is considered a continuing offer on the part of the consenting spouse and the third
person, and may be perfected as a binding contract upon the acceptance by the other spouse before
the offer is withdrawn.

b.

No. Only wifey can ratify it. Under the family code, transactions like in the case at bar shall be
construed as a continuing offer on the part of the consenting spouse and the third person, and may
be perfected as a binding contract upon the acceptance by the other spouse or authorization by the
court before the offer is withdrawn by either or both offerors.

It is clear from the provision that only Wifey can ratify the contract.

X.

a.

The contract is unenforceable. Article 1403(1) of the Civil Code provides that those contracts
entered into in the name of another person by one who has been given no authority or legal
representation, or who has acted beyond his powers are unenforceable.

In the case at bar, Rep does not have any authority to sell the house and lot, he acted beyond his
powers when he sold the same, making the contract unenforceable.

b.

Had the object been a Toyota Vios car, the nature of the contract would still be unenforceable. The
law does not distinguish as regards to the object.