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PELAYO VS PEREZ, G.R NO. 141323 JUNE 8,2005

FACTS:David Pelayo sold two parcels of agricultural land located in Panabo to mrlki perez on

January 1988 And the sale is evidenced by a deed of Absolute Sale and Loreza Pelayo,wife of David and another one whose signature is illegible witnessed the execution of the deed. Mrs Pelayo signed only the third space in the space provided for the witness, Perez asked Loreza to sign on the first and second pages but the latter refused as a result, Mr Perez instituted an action for specific performance and Perez countered that the lots were given to him by defendant Pelayo in consideration of his services as his attorney-in fact to make the necessary representation and negotiation with the illegal occupants-defendants in the ejectment case. Defendant Pelayo said that the deed was without the consent og Mrs perez and invoked Art 166 of the Civil code to support his argument.

ISSUE: Did Mrs Pelayo expressed his consent in the deed of Sale executed by Mrs Pelayo?

HELD: The consent need not be expressed. It can be implied. In the present case, although it appears on the face of the deed of sale that Lorenza signed only as an instrumental witness, circumstances leading to the execution of said document point to the fact that Lorenza was fully aware of the sale of their conjugal property and consented to the sal. The petition of Mr. and Mrs Pelayo was denied.

DIGESTED BY : JIM LUTON