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Facts: Nina and Omar are married under the conjugal partnership regime. They occupy a house and lot that has long been treated as their family home. The title is in Nina’s name. Without Omar’s knowledge, Nina signs a mortgage on the family home in favor of BankLumina to secure a PHP 3,900,000 loan for the expansion of her boutique. The mortgage is annotated on the title. After default, BankLumina forecloses. Omar objects that the family home cannot be encumbered or conveyed without both spouses’ consent. BankLumina counters that Nina had authority to mortgage as wife and that the loan benefits the family. (a)Identify the controlling doctrine about the family home and the relevant parties/relationships involved. (b)Assuming the home remains the family home under Arts. 152-162, is the mortgage valid as to Omar? Explain the rule, and distinguish it from a situation where a mortgage on the family home is valid without Omar’s signature. (c)If Omar’s rights prevail, what remedies are available to Omar and what remedies, if any, remain for BankLumina?

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Clara

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