Spouses REX AND Concepcion Aggabao, Petitioners, vs. DIONISIO Z. PARULAN, JR. and MA. ELENA PARULAN, Respondents

SUPREME COURT REPORTS ANNOTATED VOLUME 629 11/18/19, 4:25 PM
G.R. No. 165803. September 1, 2010.*
SPOUSES REX AND CONCEPCION AGGABAO,

petitioners, vs. DIONISIO Z. PARULAN, JR. and MA.
ELENA PARULAN, respondents.
Civil Law; Family Code; The Family Code has expressly

repealed several titles under the Civil Code.·To start with, Article
254 the Family Code has expressly repealed several titles under the
Civil Code, among them the entire Title VI in which the provisions
on the property relations between husband and wife, Article 173
included, are found.
Same; Same; Conjugal Property; Sales; It is settled that any
alienation or encumbrance of conjugal property made during the
effectivity of the Family Code is governed by Article 124 of the
Family Code.·The sale was made on March 18, 1991, or after
August 3, 1988, the effectivity of the Family Code. The proper law
to apply is, therefore, Article 124 of the Family Code, for it is settled
that any alienation or encumbrance of conjugal property made
during the effectivity of the Family Code is governed by Article 124
of the Family Code.
Same; Same; Same; Same; According to Article 256 of the
Family Code, the provisions of the Family Code may apply
retroactively provided no vested rights are impaired.·According to
Article 256 of the Family Code, the provisions of the Family Code
may apply retroactively provided no vested rights are impaired. In
Tumlos v. Fernandez, 330 SCRA 718 (2000), the Court rejected the
petitionerÊs argument that the Family Code did not apply because
the acquisition of the contested property had occurred prior to the
effectivity of the Family Code, and pointed out that Article 256
provided that the Family Code could apply retroactively if the
application would not prejudice vested or acquired rights existing
before the effectivity of the Family Code. Herein, however, the
petitioners did not show any vested right in the property acquired
http://www.central.com.ph/sfsreader/session/0000016e7d97860ba457db8e003600fb002c009e/p/ATX171/?username=Guest Page 1 of 20
prior to August 3, 1988 that exempted their situation from the

retroactive application of the Family Code.
_______________
* THIRD DIVISION.
563
VOL. 629, SEPTEMBER 1, 2010 563
Aggabao vs. Parulan, Jr.
Same; Same; Same; Same; The power of administration does

not include acts of disposition or encumbrance, which are acts of
strict ownership.·We stress that the power of administration does
not include acts of disposition or encumbrance, which are acts of
strict ownership. As such, an authority to dispose cannot proceed
from an authority to administer, and vice versa, for the two powers
may only be exercised by an agent by following the provisions on
agency of the Civil Code (from Article 1876 to Article 1878).
Specifically, the apparent authority of Atty. Parulan, being a special
agency, was limited to the sale of the property in question, and did
not include or extend to the power to administer the property.
Same; Same; Same; Same; In the absence of the other spouseÊs
consent, the transaction should 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 upon authorization by the court before the offer is
withdrawn by either or both offerors.·On the other hand, we agree
with Dionisio that the void sale was a continuing offer from the
petitioners and Ma. Elena that Dionisio had the option of accepting
or rejecting before the offer was withdrawn by either or both Ma.
Elena and the petitioners. The last sentence of the second
paragraph of Article 124 of the Family Code makes this clear,
stating that in the absence of the other spouseÊs consent, the
transaction should 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
upon authorization by the court before the offer is withdrawn by
either or both offerors.

Same; Same; Same; Same; Buyer in Good Faith; Who is Deemed
a Purchaser in Good Faith; The status of a buyer in good faith is
never presumed but must be proven by the person invoking it.·A
purchaser in good faith is one who buys the property of another,
without notice that some other person has a right to, or interest in,
such property, and pays the full and fair price for it at the time of
such purchase or before he has notice of the claim or interest of
some other persons in the property. He buys the property with the
belief that the person from whom he receives the thing was the
owner and could convey title to the property. He cannot close his
eyes to facts that should put a reasonable man on his guard and
still
564
564 SUPREME COURT REPORTS ANNOTATED
claim he acted in good faith. The status of a buyer in good faith is

never presumed but must be proven by the person invoking it.
Same; Same; Same; Same; Article 124 of the Family Code
categorically requires the consent of both spouses before the conjugal
property may be disposed of by sale, mortgage, or other modes of
disposition; Requisite diligence to be observed by buyers of conjugal
property.·Article 124 of the Family Code categorically requires the
consent of both spouses before the conjugal property may be
disposed of by sale, mortgage, or other modes of disposition. In
Bautista v. Silva, 502 SCRA 334 (2006), the Court erected a
standard to determine the good faith of the buyers dealing with a
seller who had title to and possession of the land but whose capacity
to sell was restricted, in that the consent of the other spouse was
required before the conveyance, declaring that in order to prove
good faith in such a situation, the buyers must show that they
inquired not only into the title of the seller but also into the sellerÊs
capacity to sell. Thus, the buyers of conjugal property must observe
two kinds of requisite diligence, namely: (a) the diligence in
verifying the validity of the title covering the property; and (b) the
diligence in inquiring into the authority of the transacting spouse to
sell conjugal property in behalf of the other spouse.
PETITION for review on certiorari of a decision of the

Court of Appeals.
The facts are stated in the opinion of the Court.
Espina & Yumul-Espina for petitioners.
Parulan, Soncuya, Rama & Trinidad Law Offices for
respondent Dionisio Parulan, Jr.
BERSAMIN, J.:
On July 26, 2000, the Regional Trial Court (RTC),
Branch 136, in Makati City annulled the deed of absolute
sale executed in favor of the petitioners covering two
parcels of registered land the respondents owned for want
of the written consent of respondent husband Dionisio
Parulan, Jr. On July
565
VOL. 629, SEPTEMBER 1, 2010 565

2, 2004, in CA-G.R. CV No. 69044,1 the Court of Appeals

(CA) affirmed the RTC decision.
Hence, the petitioners appeal by petition for review on
certiorari, seeking to reverse the decision of the CA. They
present as the main issue whether the sale of conjugal
property made by respondent wife by presenting a special
power of attorney to sell (SPA) purportedly executed by
respondent husband in her favor was validly made to the
vendees, who allegedly acted in good faith and paid the full
purchase price, despite the showing by the husband that
his signature on the SPA had been forged and that the SPA
had been executed during his absence from the country.
We resolve the main issue against the vendees and
sustain the CAÊs finding that the vendees were not buyers
in good faith, because they did not exercise the necessary
prudence to inquire into the wifeÊs authority to sell. We
hold that the sale of conjugal property without the consent
of the husband was not merely voidable but void; hence, it
could not be ratified.
Antecedents
Involved in this action are two parcels of land and their

improvements (property) located at No. 49 Miguel
Cuaderno Street, Executive Village, BF Homes, Parañaque
City and registered under Transfer Certificate of Title
(TCT) No. 633762 and TCT No. 633773 in the name of
respondents Spouses Maria Elena A. Parulan (Ma. Elena)
and Dionisio Z. Parulan, Jr. (Dionisio), who have been
estranged from one another.
_______________
1 Rollo, pp. 55-66; penned by Associate Justice Jose C. Mendoza (now

a Member of this Court), with Associate Justice Eugenio S. Labitoria
(retired) and Associate Justice Edgardo P. Cruz (retired) concurring.
2 Id., at pp. 174-175.
3 Id., at pp. 176-178.
566

In January 1991, real estate broker Marta K. Atanacio

(Atanacio) offered the property to the petitioners, who
initially did not show interest due to the rundown condition
of the improvements. But AtanacioÊs persistence prevailed
upon them, so that on February 2, 1991, they and Atanacio
met with Ma. Elena at the site of the property. During their
meeting, Ma. Elena showed to them the following
documents, namely: (a) the ownerÊs original copy of TCT
No. 63376; (b) a certified true copy of TCT No. 63377; (c)
three tax declarations; and (d) a copy of the special power
of attorney (SPA) dated January 7, 1991 executed by
Dionisio authorizing Ma. Elena to sell the property.4 Before
the meeting ended, they paid P20,000.00 as earnest money,
for which Ma. Elena executed a handwritten Receipt of
Earnest Money, whereby the parties stipulated that: (a)
they would pay an additional payment of P130,000.00 on
February 4, 1991; (b) they would pay the balance of the
bank loan of the respondents amounting to P650,000.00 on
or before February 15, 1991; and (c) they would make the
final payment of P700,000.00 once Ma. Elena turned over
the property on March 31, 1991.5

On February 4, 1991, the petitioners went to the Office
of the Register of Deeds and the AssessorÊs Office of
Parañaque City to verify the TCTs shown by Ma. Elena in
the company of Atanacio and her husband (also a licensed
broker).6 There, they discovered that the lot under TCT No.
63376 had been encumbered to Banco Filipino in 1983 or
1984, but that the encumbrance had already been cancelled
due to the full payment of the obligation.7 They noticed
that the Banco Filipino loan had been effected through an
SPA executed by Dionisio in favor of Ma. Elena.8 They
found on TCT No. 63377 the annotation of an existing
mortgage in favor of the Los Baños
_______________
4 Id., at p. 23.
5 Id., at p. 123.
6 Id., at p. 23.
7 Id., at pp. 23-24.
8 Id., at p. 23.
567
VOL. 629, SEPTEMBER 1, 2010 567

Rural Bank, also effected through an SPA executed by

Dionisio in favor of Ma. Elena, coupled with a copy of a
court order authorizing Ma. Elena to mortgage the lot to
secure a loan of P500,000.00.9
The petitioners and Atanacio next inquired about the
mortgage and the court order annotated on TCT No. 63377
at the Los Baños Rural Bank. There, they met with Atty.
Noel Zarate, the bankÊs legal counsel, who related that the
bank had asked for the court order because the lot involved
was conjugal property.10
Following their verification, the petitioners delivered
P130,000.00 as additional down payment on February 4,
1991; and P650,000.00 to the Los Baños Rural Bank on
February 12, 1991, which then released the ownerÊs
duplicate copy of TCT No. 63377 to them.11
On March 18, 1991, the petitioners delivered the final

amount of P700,000.00 to Ma. Elena, who executed a deed
of absolute sale in their favor. However, Ma. Elena did not
turn over the ownerÊs duplicate copy of TCT No. 63376,
claiming that said copy was in the possession of a relative
who was then in Hongkong.12 She assured them that the
ownerÊs duplicate copy of TCT No. 63376 would be turned
over after a week.
On March 19, 1991, TCT No. 63377 was cancelled and a
new one was issued in the name of the petitioners.
Ma. Elena did not turn over the duplicate ownerÊs copy
of TCT No. 63376 as promised. In due time, the petitioners
learned that the duplicate ownerÊs copy of TCT No. 63376
had been all along in the custody of Atty. Jeremy Z.
Parulan, who
_______________
9 Id., at p. 23-24.
10 Id.
11 Id., at pp. 24-25.
12 Id., at p. 57.
568

appeared to hold an SPA executed by his brother Dionisio

authorizing him to sell both lots.13
At AtanacioÊs instance, the petitioners met on March 25,
1991 with Atty. Parulan at the Manila Peninsula.14 For
that meeting, they were accompanied by one Atty.
Olandesca.15 They recalled that Atty. Parulan „smugly
demanded P800,000.00‰ in exchange for the duplicate
ownerÊs copy of TCT No. 63376, because Atty. Parulan
represented the current value of the property to be P1.5
million. As a counter-offer, however, they tendered
P250,000.00, which Atty. Parulan declined,16 giving them
only until April 5, 1991 to decide.
Hearing nothing more from the petitioners, Atty.
Parulan decided to call them on April 5, 1991, but they
informed him that they had already fully paid to Ma.

Elena.17
Thus, on April 15, 1991, Dionisio, through Atty. Parulan,
commenced an action (Civil Case No. 91-1005 entitled
Dionisio Z. Parulan, Jr., represented by Jeremy Z. Parulan,
as attorney in fact, v. Ma. Elena Parulan, Sps. Rex and
Coney Aggabao), praying for the declaration of the nullity
of the deed of absolute sale executed by Ma. Elena, and the
cancellation of the title issued to the petitioners by virtue
thereof.
In turn, the petitioners filed on July 12, 1991 their own
action for specific performance with damages against the
respondents.
Both cases were consolidated for trial and judgment in
the RTC.18
_______________
13 Id., at p. 110.
14 Id., at p. 26.
15 Id., at p. 110.
16 Id., at p. 26.
17 Id., at p. 105.
18 Id., at pp. 14-15.
569
VOL. 629, SEPTEMBER 1, 2010 569

Ruling of the RTC

After trial, the RTC rendered judgment, as follows:
„WHEREFORE, and in consideration of the foregoing, judgment

is hereby rendered in favor of plaintiff Dionisio A. Parulan, Jr. and
against defendants Ma. Elena Parulan and the Sps. Rex and
Concepcion Aggabao, without prejudice to any action that may be
filed by the Sps. Aggabao against co-defendant Ma. Elena Parulan
for the amounts they paid her for the purchase of the subject lots, as
follows:
1. The Deed of Absolute Sale dated March 18, 1991 covering the
sale of the lot located at No. 49 M. Cuaderno St., Executive Village,
BF Homes, Parañaque, Metro Manila, and covered by TCT Nos.

63376 and 63377 is declared null and void.
2. Defendant Mrs. Elena Parulan is directed to pay litigation
expenses amounting to P50,000.00 and the costs of the suit.
SO ORDERED.‰19
The RTC declared that the SPA in the hands of Ma. Elena
was a forgery, based on its finding that Dionisio had been
out of the country at the time of the execution of the SPA;20
that NBI Sr. Document Examiner Rhoda B. Flores had
certified that the signature appearing on the SPA
purporting to be that of Dionisio and the set of standard
sample signatures of Dionisio had not been written by one
and the same person;21 and that Record Officer III Eliseo
O. Terenco and Clerk of Court Jesus P. Maningas of the
Manila RTC had issued a certification to the effect that
Atty. Alfred Datingaling, the Notary Public who had
notarized the SPA, had not been included in the list of
Notaries Public in Manila for the year 1990-1991.22
_______________
19 Id., at p. 56.
20 Id., at p. 58.
21 Id., at p. 59.
22 Id., at pp. 58-59.
570

The RTC rejected the petitionersÊ defense of being

buyers in good faith because of their failure to exercise
ordinary prudence, including demanding from Ma. Elena a
court order authorizing her to sell the properties similar to
the order that the Los Baños Rural Bank had required
before accepting the mortgage of the property.23 It observed
that they had appeared to be in a hurry to consummate the
transaction despite AtanacioÊs advice that they first consult
a lawyer before buying the property; that with ordinary
prudence, they should first have obtained the ownerÊs

duplicate copies of the TCTs before paying the full amount
of the consideration; and that the sale was void pursuant to
Article 124 of the Family Code.24
Ruling of the CA
As stated, the CA affirmed the RTC, opining that Article

124 of the Family Code applied because Dionisio had not
consented to the sale of the conjugal property by Ma. Elena;
and that the RTC correctly found the SPA to be a forgery.
The CA denied the petitionersÊ motion for
reconsideration.25
Issues
The petitioners now make two arguments: (1) they were

buyers in good faith; and (2) the CA erred in affirming the
RTCÊs finding that the sale between Mrs. Elena and the
petitioners had been a nullity under Article 124 of the
Family Code.
The petitioners impute error to the CA for not applying
the „ordinary prudent manÊs standard‰ in determining
their status as buyers in good faith. They contend that the
more appropriate law to apply was Article 173 of the Civil
Code, not Article 124 of the Family Code; and that even if
the SPA held
_______________
23 Id., at pp. 59-60.

24 Id., at p. 60.
25 Supra, at note 3.
571
VOL. 629, SEPTEMBER 1, 2010 571

by Ma. Elena was a forgery, the ruling in Veloso v. Court of

Appeals26 warranted a judgment in their favor.
Restated, the issues for consideration and resolution are
as follows:
1) Which between Article 173 of the Civil Code and

Article 124 of the Family Code should apply to the
sale of the conjugal property executed without the
consent of Dionisio?
2) Might the petitioners be considered in good faith at
the time of their purchase of the property?
3) Might the ruling in Veloso v. Court of Appeals be
applied in favor of the petitioners despite the finding
of forgery of the SPA?
Ruling
The petition has no merit. We sustain the CA.
1.
Article 124, Family Code, applies to sale of conjugal
properties made after the effectivity
of the Family Code
The petitioners submit that Article 173 of the Civil

Code, not Article 124 of the Family Code, governed the
property relations of the respondents because they had
been married prior to the effectivity of the Family Code;
and that the second paragraph of Article 124 of the Family
Code should not apply because the other spouse held the
administration over the conjugal property. They argue that
notwithstanding his absence from the country Dionisio still
held the administration of the conjugal property by virtue
of his execution of the SPA in favor of his brother; and that
even assuming that Article 124 of the Family Code
properly applied, Dionisio ratified the
_______________
26 G.R. No. 102737, August 21, 1996, 260 SCRA 593.
572

sale through Atty. ParulanÊs counter-offer during the March

25, 1991 meeting.
We do not subscribe to the petitionersÊ submissions.

To start with, Article 25427 the Family Code has
expressly repealed several titles under the Civil Code,
among them the entire Title VI in which the provisions on
the property relations between husband and wife, Article
173 included, are found.
Secondly, the sale was made on March 18, 1991, or after
August 3, 1988, the effectivity of the Family Code. The
proper law to apply is, therefore, Article 124 of the Family
Code, for it is settled that any alienation or encumbrance of
conjugal property made during the effectivity of the Family
Code is governed by Article 124 of the Family Code.28
Article 124 of the Family Code provides:
„Article 124. The administration and enjoyment of the conjugal

partnership property shall belong to both spouses jointly. In case of
disagreement, the husbandÊs decision shall prevail, subject to
recourse to the court by the wife for proper remedy, which must be
availed of within five years from the date of the contract
implementing such decision.
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
_______________
27 Article 254. Titles III, IV, V, VI, VII, VIII, IX, XI and XV of Book I of
Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as
amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41 and 42 of
Presidential Decree No. 603, otherwise known as the Child and Youth Welfare
Code, as amended, and all laws, decrees, executive orders, proclamations, rules
and regulations, or parts thereof, inconsistent herewith are hereby repealed.
28 Alfredo v. Borras, G.R. No. 144225, June 17, 2003, 404 SCRA 145; Heirs
of Ignacia Aguilar-Reyes v. Mijares, G.R. No. 143826, August 28, 2003, 410
SCRA 97; Sps. Guiang v. Court of Appeals, G.R. No. 125172, June 26, 1998, 291
SCRA 372.
573
VOL. 629, SEPTEMBER 1, 2010 573

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. However, the transaction 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.‰
Thirdly, according to Article 25629 of the Family Code,

the provisions of the Family Code may apply retroactively
provided no vested rights are impaired. In Tumlos v.
Fernandez,30 the Court rejected the petitionerÊs argument
that the Family Code did not apply because the acquisition
of the contested property had occurred prior to the
effectivity of the Family Code, and pointed out that Article
256 provided that the Family Code could apply
retroactively if the application would not prejudice vested
or acquired rights existing before the effectivity of the
Family Code. Herein, however, the petitioners did not show
any vested right in the property acquired prior to August 3,
1988 that exempted their situation from the retroactive
application of the Family Code.
Fourthly, the petitioners failed to substantiate their
contention that Dionisio, while holding the administration
over the property, had delegated to his brother, Atty.
Parulan, the administration of the property, considering
that they did not present in court the SPA granting to Atty.
Parulan the authority for the administration.
Nonetheless, we stress that the power of administration
does not include acts of disposition or encumbrance, which
are acts of strict ownership. As such, an authority to
dispose cannot proceed from an authority to administer,
and vice versa,
_______________
29 Article 256. This Code shall have retroactive effect insofar as it

does not prejudice or impair vested or acquired rights in accordance with
the Civil Code or other laws.
30 G.R. No. 137650, April 12, 2000, 330 SCRA 718.
574

for the two powers may only be exercised by an agent by

following the provisions on agency of the Civil Code (from
Article 1876 to Article 1878). Specifically, the apparent
authority of Atty. Parulan, being a special agency, was
limited to the sale of the property in question, and did not
include or extend to the power to administer the property.31
Lastly, the petitionersÊ insistence that Atty. ParulanÊs
making of a counter-offer during the March 25, 1991
meeting ratified the sale merits no consideration. Under
Article 124 of the Family Code, the transaction executed
sans the written consent of Dionisio or the proper court
order was void; hence, ratification did not occur, for a void
contract could not be ratified.32
On the other hand, we agree with Dionisio that the void
sale was a continuing offer from the petitioners and Ma.
Elena that Dionisio had the option of accepting or rejecting
before the offer was withdrawn by either or both Ma. Elena
and the petitioners. The last sentence of the second
paragraph of Article 124 of the Family Code makes this
clear, stating that in the absence of the other spouseÊs
consent, the transaction should 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 upon
authorization by the court before the offer is withdrawn by
either or both offerors.
2.
Due diligence required in verifying not only vendorÊs

title, but also agentÊs authority to sell the property
A purchaser in good faith is one who buys the property
of another, without notice that some other person has a
right to,
_______________
31 Under Article 1876, Civil Code, a general agency comprises all the
business of the principal, but a special agency comprises one or more
specific transactions.
32 Article 1409, Civil Code.
575
VOL. 629, SEPTEMBER 1, 2010 575

or interest in, such property, and pays the full and fair
price for it at the time of such purchase or before he has
notice of the claim or interest of some other persons in the
property. He buys the property with the belief that the
person from whom he receives the thing was the owner and
could convey title to the property. He cannot close his eyes
to facts that should put a reasonable man on his guard and
still claim he acted in good faith.33 The status of a buyer in
good faith is never presumed but must be proven by the
person invoking it.34
Here, the petitioners disagree with the CA for not
applying the „ordinary prudent manÊs standard‰ in
determining their status as buyers in good faith. They
insist that they exercised due diligence by verifying the
status of the TCTs, as well as by inquiring about the details
surrounding the mortgage extended by the Los Baños
Rural Bank. They lament the holding of the CA that they
should have been put on their guard when they learned
that the Los Baños Rural Bank had first required a court
order before granting the loan to the respondents secured
by their mortgage of the property.
The petitioners miss the whole point.
Article 124 of the Family Code categorically requires the
consent of both spouses before the conjugal property may
be disposed of by sale, mortgage, or other modes of
disposition. In Bautista v. Silva,35 the Court erected a
standard to determine the good faith of the buyers dealing
with a seller who had title to and possession of the land but
whose capacity to sell was restricted, in that the consent of
the other spouse was required before the conveyance,
declaring that in order to
_______________
33 Heirs of Ignacia Aguilar-Reyes v. Mijares, G.R. No. 143826, August
28, 2003, 410 SCRA 97, 107.

34 Bautista v. Silva, G.R. No. 157434, September 19, 2006, 502 SCRA
334, 346; Aguirre v. Court of Appeals, G.R. No. 122249, January 29, 2004,
421 SCRA 310, 321.
35 Id., at p. 348.
576

prove good faith in such a situation, the buyers must show

that they inquired not only into the title of the seller but
also into the sellerÊs capacity to sell.36 Thus, the buyers of
conjugal property must observe two kinds of requisite
diligence, namely: (a) the diligence in verifying the validity
of the title covering the property; and (b) the diligence in
inquiring into the authority of the transacting spouse to
sell conjugal property in behalf of the other spouse.
It is true that a buyer of registered land needs only to
show that he has relied on the face of the certificate of title
to the property, for he is not required to explore beyond
what the certificate indicates on its face.37 In this respect,
the petitioners sufficiently proved that they had checked on
the authenticity of TCT No. 63376 and TCT No. 63377 with
the Office of the Register of Deeds in Pasay City as the
custodian of the land records; and that they had also gone
to the Los Baños Rural Bank to inquire about the mortgage
annotated on TCT No. 63377. Thereby, the petitioners
observed the requisite diligence in examining the validity
of the TCTs concerned.
Yet, it ought to be plain enough to the petitioners that
the issue was whether or not they had diligently inquired
into the authority of Ma. Elena to convey the property, not
whether or not the TCT had been valid and authentic, as to
which there was no doubt. Thus, we cannot side with them.
Firstly, the petitioners knew fully well that the law
demanded the written consent of Dionisio to the sale, but
yet they did not present evidence to show that they had
made inquiries into the circumstances behind the execution
of the SPA purportedly executed by Dionisio in favor of Ma.
Elena. Had they made the appropriate inquiries, and not
simply accepted the SPA for what it represented on its face,

they would have uncovered soon enough that the
respondents had
_______________
36 Id., at p. 348.
37 Abad v. Guimba, G.R. No. 157002, July 29, 2005, 465 SCRA 356,
366-367.
577
VOL. 629, SEPTEMBER 1, 2010 577

been estranged from each other and were under de facto

separation, and that they probably held conflicting
interests that would negate the existence of an agency
between them. To lift this doubt, they must, of necessity,
further inquire into the SPA of Ma. Elena. The omission to
inquire indicated their not being buyers in good faith, for,
as fittingly observed in Domingo v. Reed:38
„What was required of them by the appellate court, which we

affirm, was merely to investigate·as any prudent vendee should·
the authority of Lolita to sell the property and to bind the
partnership. They had knowledge of facts that should have led them
to inquire and to investigate, in order to acquaint themselves with
possible defects in her title. The law requires them to act with the
diligence of a prudent person; in this case, their only prudent course
of action was to investigate whether respondent had indeed given
his consent to the sale and authorized his wife to sell the
property.‰39
Indeed, an unquestioning reliance by the petitioners on

Ma. ElenaÊs SPA without first taking precautions to verify
its authenticity was not a prudent buyerÊs move.40 They
should have done everything within their means and power
to ascertain whether the SPA had been genuine and
authentic. If they did not investigate on the relations of the
respondents vis-à-vis each other, they could have done
other things towards the same end, like attempting to
locate the notary public who had notarized the SPA, or

checked with the RTC in Manila to confirm the authority of
Notary Public Atty. Datingaling. It turned out that Atty.
Datingaling was not authorized to act as a Notary Public
for Manila during the period 1990-1991, which was a fact
that they could easily discover with a modicum of zeal.
Secondly, the final payment of P700,000.00 even without
the ownerÊs duplicate copy of the TCT No. 63376 being
_______________
38 G.R. No. 157701, December 9, 2005, 477 SCRA 227.

39 Id., at p. 244.
40 Bautista v. Silva, note 34.
578

handed to them by Ma. Elena indicated a revealing lack of

precaution on the part of the petitioners. It is true that she
promised to produce and deliver the ownerÊs copy within a
week because her relative having custody of it had gone to
Hongkong, but their passivity in such an essential matter
was puzzling light of their earlier alacrity in immediately
and diligently validating the TCTs to the extent of
inquiring at the Los Baños Rural Bank about the
annotated mortgage. Yet, they could have rightly withheld
the final payment of the balance. That they did not do so
reflected their lack of due care in dealing with Ma. Elena.
Lastly, another reason rendered the petitionersÊ good
faith incredible. They did not take immediate action
against Ma. Elena upon discovering that the ownerÊs
original copy of TCT No. 63376 was in the possession of
Atty. Parulan, contrary to ElenaÊs representation. Human
experience would have impelled them to exert every effort
to proceed against Ma. Elena, including demanding the
return of the substantial amounts paid to her. But they
seemed not to mind her inability to produce the TCT, and,
instead, they contented themselves with meeting with Atty.
Parulan to negotiate for the possible turnover of the TCT to
them.
3.
Veloso v. Court of Appeals cannot help petitioners
The petitioners contend that the forgery of the SPA

notwithstanding, the CA could still have decided in their
favor conformably with Veloso v. Court of Appeals,41 a case
where the petitioner husband claimed that his signature
and that of the notary public who had notarized the SPA
the petitioner supposedly executed to authorize his wife to
sell the property had been forged. In denying relief, the
Court upheld the right of the vendee as an innocent
purchaser for value.
_______________
41 Supra note 26.
579
VOL. 629, SEPTEMBER 1, 2010 579

Veloso is inapplicable, however, because the contested

property therein was exclusively owned by the petitioner
and did not belong to the conjugal regime. Veloso being
upon conjugal property, Article 124 of the Family Code did
not apply.
In contrast, the property involved herein pertained to
the conjugal regime, and, consequently, the lack of the
written consent of the husband rendered the sale void
pursuant to Article 124 of the Family Code. Moreover, even
assuming that the property involved in Veloso was
conjugal, its sale was made on November 2, 1987, or prior
to the effectivity of the Family Code; hence, the sale was
still properly covered by Article 173 of the Civil Code,
which provides that a sale effected without the consent of
one of the spouses is only voidable, not void. However, the
sale herein was made already during the effectivity of the
Family Code, rendering the application of Article 124 of the
Family Code clear and indubitable.
The fault of the petitioner in Veloso was that he did not

adduce sufficient evidence to prove that his signature and
that of the notary public on the SPA had been forged. The
Court pointed out that his mere allegation that the
signatures had been forged could not be sustained without
clear and convincing proof to substantiate the allegation.
Herein, however, both the RTC and the CA found from the
testimonies and evidence presented by Dionisio that his
signature had been definitely forged, as borne out by the
entries in his passport showing that he was out of the
country at the time of the execution of the questioned SPA;
and that the alleged notary public, Atty. Datingaling, had
no authority to act as a Notary Public for Manila during
the period of 1990-1991.
WHEREFORE, we deny the petition for review on
certiorari, and affirm the decision dated July 2, 2004
rendered by the Court of Appeals in CA-G.R. CV No. 69044
entitled „Dionisio Z. Parulan, Jr. vs. Ma. Elena Parulan
and Sps. Rex and Concepcion Aggabao‰ and „Sps. Rex and
Concepcion Aggabao vs. Dionisio Z. Parulan, Jr. and Ma.
Elena Parulan.‰
Costs of suit to be paid by the petitioners.
© Copyright 2019 Central Book Supply, Inc. All rights reserved.

Spouses REX AND Concepcion Aggabao, Petitioners, vs. DIONISIO Z. PARULAN, JR. and MA. ELENA PARULAN, Respondents

Uploaded by

Spouses REX AND Concepcion Aggabao, Petitioners, vs. DIONISIO Z. PARULAN, JR. and MA. ELENA PARULAN, Respondents

Uploaded by

SUPREME COURT REPORTS ANNOTATED VOLUME 629 11/18/19, 4:25 PM

G.R. No. 165803. September 1, 2010.*

SPOUSES REX AND CONCEPCION AGGABAO,

Civil Law; Family Code; The Family Code has expressly

prior to August 3, 1988 that exempted their situation from the

VOL. 629, SEPTEMBER 1, 2010 563

Aggabao vs. Parulan, Jr.

Same; Same; Same; Same; The power of administration does

either or both offerors.

564 SUPREME COURT REPORTS ANNOTATED

Aggabao vs. Parulan, Jr.

claim he acted in good faith. The status of a buyer in good faith is

PETITION for review on certiorari of a decision of the

VOL. 629, SEPTEMBER 1, 2010 565

2, 2004, in CA-G.R. CV No. 69044,1 the Court of Appeals

Involved in this action are two parcels of land and their

1 Rollo, pp. 55-66; penned by Associate Justice Jose C. Mendoza (now

566 SUPREME COURT REPORTS ANNOTATED

In January 1991, real estate broker Marta K. Atanacio

the property on March 31, 1991.5

VOL. 629, SEPTEMBER 1, 2010 567

Rural Bank, also effected through an SPA executed by

On March 18, 1991, the petitioners delivered the final

568 SUPREME COURT REPORTS ANNOTATED

appeared to hold an SPA executed by his brother Dionisio

informed him that they had already fully paid to Ma.

VOL. 629, SEPTEMBER 1, 2010 569

Ruling of the RTC

„WHEREFORE, and in consideration of the foregoing, judgment

BF Homes, Parañaque, Metro Manila, and covered by TCT Nos.

570 SUPREME COURT REPORTS ANNOTATED

The RTC rejected the petitionersÊ defense of being

prudence, they should first have obtained the ownerÊs

As stated, the CA affirmed the RTC, opining that Article

The petitioners now make two arguments: (1) they were

23 Id., at pp. 59-60.

VOL. 629, SEPTEMBER 1, 2010 571

by Ma. Elena was a forgery, the ruling in Veloso v. Court of

1) Which between Article 173 of the Civil Code and

The petition has no merit. We sustain the CA.

The petitioners submit that Article 173 of the Civil

26 G.R. No. 102737, August 21, 1996, 260 SCRA 593.

572 SUPREME COURT REPORTS ANNOTATED

sale through Atty. ParulanÊs counter-offer during the March

We do not subscribe to the petitionersÊ submissions.

„Article 124. The administration and enjoyment of the conjugal

VOL. 629, SEPTEMBER 1, 2010 573

not include disposition or encumbrance without authority

Thirdly, according to Article 25629 of the Family Code,

29 Article 256. This Code shall have retroactive effect insofar as it

574 SUPREME COURT REPORTS ANNOTATED

for the two powers may only be exercised by an agent by

Due diligence required in verifying not only vendorÊs

32 Article 1409, Civil Code.

VOL. 629, SEPTEMBER 1, 2010 575

33 Heirs of Ignacia Aguilar-Reyes v. Mijares, G.R. No. 143826, August

28, 2003, 410 SCRA 97, 107.

576 SUPREME COURT REPORTS ANNOTATED

prove good faith in such a situation, the buyers must show

simply accepted the SPA for what it represented on its face,

VOL. 629, SEPTEMBER 1, 2010 577

been estranged from each other and were under de facto

„What was required of them by the appellate court, which we

Indeed, an unquestioning reliance by the petitioners on

locate the notary public who had notarized the SPA, or

38 G.R. No. 157701, December 9, 2005, 477 SCRA 227.

578 SUPREME COURT REPORTS ANNOTATED

handed to them by Ma. Elena indicated a revealing lack of

The petitioners contend that the forgery of the SPA

41 Supra note 26.

VOL. 629, SEPTEMBER 1, 2010 579

Veloso is inapplicable, however, because the contested

The fault of the petitioner in Veloso was that he did not

© Copyright 2019 Central Book Supply, Inc. All rights reserved.

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