Memorandum for Defendant free essay sample

Whether or not the contract of sale is voidable? ARGUMENTS The contract of sale is not voidable for the following reasons: I. There is a valid, perfected and binding contract of sale, thus; Art. 1318 There is no contract unless the following requisites concur: (1)Consent of the contracting parties; 2)Object certain which is the subject matter of the contract; (3)Cause of the obligations which is established. In the instant case, the above mentioned requisites were complied. First, the spouses Geronimo and defendant consented to the sale of the condo unit. Secondly, the object of the contract is the condo unit. Third, the cause of the contract is the Two Million Pesos paid by defendant in June 2009 to Raul Geronimo. Thus, the contract is valid. Being essentially consensual, a contract of sale is perfected at the moment that there is a meeting of minds upon the thing which is the object of the contract and upon the price. We will write a custom essay sample on Memorandum for Defendant or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However, ownership of the thing sold shall not be transferred to the vendee until actual or constructive delivery of the property (Abalos vs. Macatangay, 439 Scra 649). The husband may dispose of conjugal property without the wife’s consent if such sale is necessary to answer for conjugal liabilities mentioned in Article 161 and 162 of the Civil Code. In Tinitigan vs. Tinitigan, the Court ruled that the husband may sell property belonging to the conjugal partnership even without the consent of the wife if the sale is necessary to answer for a big conjugal liability which might endanger the family’s economic standing. This is the instance where the wife’s consent is not requires and, impliedly, no judicial intervention necessary. In the instant case, the contract of sale is valid from the moment the defendant said YES to the plaintiff in April 2009. Defendant immediately agrees on buying the condo unit for Two Million Pesos upon offer, thus the contract of sale is valid, perfected and binding. II. The parties were capable of giving consent to the contract specifically the plaintiff, thus: Article 1390. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties; (1)Those where one of the parties is incapable of giving consent to a contract; (2)Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. In the instant case, plaintiff was capable of giving consent to the contract and her consent was not vitiated by mistake. Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract in such case is presumed to have been entered into in the place where the offer was made. Article 124 of the Family Code. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband’s 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 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. As abovementioned, plaintiff consented to the sale upon offering the condo unit to the defendant in April 2009 which was immediately accepted. Moreover, plaintiff only signified her change of mind to sell said property in September 2009. Whereas, the other spouse (Raul Geronimo) already signed, signifying consent to the sale, the Deed of Sale in June 2009 upon acceptance of the payment in the amount of Two Million Pesos. Thus, the contract of sale was already valid, perfected and binding when the plaintiff changed her mind. THEREFORE, the contract of sale between the parties is valid, perfected, binding and not voidable. In view of the foregoing, the defendant prays for the suit for annulment of contract filed by plaintiff be dismissed for lack of merit. Defendant prays for other reliefs that may be just and proper under law and equity.