Sale of Conjugal Property without Spousal Consent

Someone asked me, "I have a friend who...

bought a property from a woman who claimed she was single. The title of the property showed she was single when she purchased the property in 2000. After the property was transferred to the name of the buyer in 2010, the husband showed up to annul the sale unless the buyer pays him again.  Is the husband correct?

My answer is the husband is correct because contract is void. Unless the woman and her husband has a separation of property, the property would be considered as part of their absolute community of property since they got married after 1988. Since it is part of their absolute community, then the consent of the spouse must be secured before any disposition can be made.

Art. 96 of the Family Code provides that -- The administration and enjoyment of the community property 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.... 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as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.

The Supreme Court in the case of Spouses Aggabao v. Dionisio Parulan and Ma. Elena Parulan, GR 165803 (Sep 1, 2010) http://www.lawphil.net/judjuris/juri2010/sep2010/gr_165803_2010.html reaffirmed the position that it is void and ruled that it is incumbent upon the buyer to check if the seller is married or not and if the spouse gave the consent.

The question is how to check. If female, passport will show if she is still using her maiden name or not. But for male, it is a bit tricky since the passport doesn't change name or status. The legal process is to get an NSO certification of no marriage, but the seller might suspect the buyer is not buying real property but a husband.