Essay on Memorandum for Defendant

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Republic of the Philippines
COURT OF APPEALS
Manila

SECOND DIVISION

RAUL GERONIMO and ANNA GERONIMO Plaintiff-Appellee,

CIVIL CASE NO. 190211
-versus -

PETER PASCUAL Defendant-Appellant,

x-----------------------------------x

MEMORANDUM

Defendant-appellant, Peter Pascual, through counsel, in compliance with the Honorable Court’s order,respectfully submits this Memorandum Prefatory Statement

Plaintiff-appellee RAUL GERONIMO and ANNA GERONIMO in the instant case claims, with the lower Court’s sanction, that there should be an annulment of the Deed of Sale, saying that the Contract of Sale of the Condominium …show more content…
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as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.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
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