People’s Bank and Trust Co. vs. Register of Deeds, 60 Phil 167

Saturday, August 7, 2010

Appeal from CFI Manila judgment denying registration of instrument entitled “Agreement and Declaration of Trust” in which Dominga Angeles, married to Manuel Sandoval living in Palawan, conveyed in trust her paraphernal property, trustee was to redeem mortgage constituted on such property with funds derived from the rents or sale thereof, grant a loan of P10000 with which to redeem mortgage and collect the rents to be derived from said property while remained unsold.

1.    WON the rents collected are fruits of the wife’s property which therefore belongs to CPG,
2.    WON management belongs to husband
3.    WON contract is null and void since husband did not give consent

Wife, as owner and administratrix of her paraphernal property, may appoint trustee to collect the fruits of her property. The fruits are not yet conjugal property since they still have to answer to expenses in the administration and preservation of the paraphernal property. She may likewise do such without consent of the husband, subject to recourse by husband or his heirs, thus rendering such contract merely voidable or void.

Karichi Santos  UP Law B2012

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