G.R. NO. 168220 (August 31, 2005)
Topics: Incapacitated person’s lack of capacity to render consent
Summary:
Lorenza Catalino’s husband, Gregorio Balacano, passed away at the age of 81. Paragas Spouses sold Catalino a portion of the contested lot. Gregorio’s grandson attempted to have the transaction and partition revoked. There was insufficient proof to back up any previous agreement or its partial fulfillment.
Catalino inherited the lots from the conjugal partnership through his marriage to Lorenza; thus, it cannot be marketed without their approval.
Doctrines:
A person is not rendered incompetent merely because of old age; however, when such age has impaired the mental faculties as to prevent a person from protecting his rights, then he is undeniably incapacitated. He is clearly at a disadvantage, and the courts must be vigilant for his protection.
Facts:
Lorenza’s husband, Gregorio Balacano, possessed two pieces of land. He was 81 years old already, extremely frail, hardly able to speak, and had been suffering liver disease for more than a month. He allegedly signed a Deed of Absolute Sale over the lots in favor of the Paragas Spouses while at his deathbed, just a week before he passed away. Atty. De Guzman then went on to notarize the document while claiming that Gregorio had previously paid a P 50,000.00 deposit and that it was merely a confirmation of an earlier sale. The driver for Paragas was also present to take a photo of Gregorio signing the aforementioned deed while holding a ballpoint pen.
There was no evidence to suggest that Gregorio was given an explanation of the deed’s contents. Then, Paragas sold Catalino a portion of the contested lot. Domingo, Gregorio’s grandson, attempted to have the transaction and partition revoked. There was insufficient proof to back up any previous agreement or its partial fulfillment.
Issue:
Whether Balacano is incapacitated to enter into a contract of sale.
Ruling:
A person is not automatically declared incompetent due to old age; but, when old age has compromised a person’s mental capacities to the point where he is unable to defend his rights, he is unquestionably incapable. He is undoubtedly at a disadvantage; thus, the courts must watch out for him.
Since Gregorio’s consent was obviously lacking in this situation, the sale was unlawful. His ability to give permission is seriously questioned by the shady circumstances. Given that the Paragas Spouses are not the legal owners of the aforementioned properties, it stands to reason that Catalino’s subsequent, bad faith purchase of such properties is also unlawful. Furthermore, Gregorio had inherited the lots from the conjugal partnership through his marriage to Lorenza. Thus, it cannot be marketed without their approval.