UY VS CAFACTS:
Dr. Ernesto Jardelaza suffered stroke that rendered him
comatose. Gilda, wife of the latter, filed a petition in RTC Iloilo
to be allowed as sole administrator of their conjugal property and
be authorized to sell the same as her husband is physically
incapacitated to discharge his functions. She further contest that
such illness of the husband necessitated expenses that would
require her to sell their property in Lot 4291 and its improvement
to meet such necessities. RTC ruled in favor of Gilda contending
that such decision is pursuant to Article 124 of FC and that the
proceedings thereon are governed by the rules on summary
proceedings.
The son of the spouses, Teodoro, filed a motion for
reconsideration contending that the petition made by her mother was
essentially a petition for guardianship of the person and
properties of his father. As such it cannot be prosecuted in
accordance with the provisions on summary proceedings instead it
should follows the ruled governing special proceedings in the
Revised Rules of Court requiring procedural due process
particularly the need for notice and a hearing on the merits. He
further reiterated that Chapter 2 of the FC comes under the heading
on Separation in Fact Between Husband and Wife contemplating a
situation where both spouses are of disposing mind. Hence, he
argued that this should not be applied in their case.
During the pendency of the motion, Gilda sold the property to
her daughter and son in law. Upon the appeal by Teodoro, CA
reversed the decision of the lower court.
ISSUE:WON Gilda as the wife of a husband who suffered stroke, a
cerebrovascular accident rendering him comatose, without motor and
mental faculties, may assume sole powers of administration of the
conjugal property and dispose a parcel of land with
improvements.
HELD:
SC ruled in favor of Teodoro. The rule on summary proceedings
does not apply to cases where the non-consenting spouse is
incapacitated or incompetent to give consent. In this case, trial
court found that subject spouse was incompetent who was in a
comatose condition and with a diagnosis of brain stem infract.
Hence, the proper remedy is a judicial guardianship proceeding
under the Revised Rules of Court. The law provides that wife who
assumes sole powers of administration has the same powers and
duties as a guardian. Consequently, a spouse who desires to sell
real property as administrator of the conjugal property, must
observe the procedure for the sale of the wards estate required of
judicial guardians, and not the summary judicial proceedings under
FC. SC further held that such incapacity of the trial court to
provide for an opportunity to be heard is null and void on the
ground of lack of due process.
