Spec Pro Class 2020

FACTS:
An undivided shares of a parcel of land was owned by the Inton siblings; the lot are of the said land is 15, 167 sqm which is situated in Samal, Bataan

The land was sold by Marcelo, Fe and their mother to Alejandro Malibiran and his wife. The said purchaser took possession of the land and held it until they died.

In the extrajudicial partition among their heirs, passed into the hands of Daniel Quintana, Alejandro Quintana’s brother and the principal or virtually the sole defendant in this case.

When Antonio Inton and Olimpia Inton had attained the age of majority, Daniel Quintana, so it is alleged, attempted to have them as well as their brother Marcelo and their sister Fe Sevarra execute an absolute deed of conveyance. The four brother and sisters not only refused but commended the instant suit.

The difference in the ages and in the legal capacity to contract of the four brothers and sisters created distinct liabilities on their part. The court below disregarded or overlooked this distinction, and to this extent it erred.

The first proposition formulated in the stipulation by the parties can affect only the signers of the deed of conveyance, Marcelo and Fe Sevara. Antonio and Olimpia, who were under age and took no part in the sale, are not bound by the agreement, regardless of its term and its intention of the contracting parties, unless the minors’ action is barred by the statue of limitations, or the defendants possession has ripened into title by prescription, or estoppel has intervened.

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ISSUE:
Whether or not the mother can sell the properties of the minor children.

HELD:
NO.
 

Although the mother was said to be the minor children’s guardian — an allegation on which there is not the slightest evidence — it does not appear that she was authorized to enter into this transaction or that the sale was approved by the competent court. Without the court’s authority or approval, the sale was ineffective as to the minor children even if she were the minors’ judicial guardian. A guardian has no authority to sell real estate of his ward, merely by reason of his general powers, and in the absence of any special authority to sell conferred by will, statue, or order of court. A sale of the wards realty of guardian without authority of the court is void

 

It follows that if what the mother stipulated is immaterial, and this branch of the case can affect only Marcelo Inton and Fe Severa Inton and their shares in the land.

The court below held that the sale was conditional, conditioned in the ratification by the minor brother and sister when they became of age, and since these failed or refuse to ratify the sale, it declared the same “cancelled, null and of no effect.”