PEOPLES BANK & TRUST CO. vs.

REGISTER OF DEEDS
60 Phil 167

FACTS:

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 P10,000.00 with
which to redeem mortgage and collect the rents to be derived from said property
while remained unsold.

ISSUES:

1. Whether or not the rents collected are fruits of the wifes property which
therefore belongs to CPG.
2. Whether or not management belongs to husband.
3. Whether or not contract is null and void since husband did not give
consent.

HELD:

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.