G.R. No. L-8477, May 31, 1956
Topics:
Guardianship, trustee, Contract
Doctrines:
Article 1459 of the Philippine Civil Code requires that the object of the contract of sale must be licit or lawful. Illicit things are therefore things that are unlawful or illegal. Things can be illicit per se or per accidens.
Summary:
Minor Mariano Bernardo received 17 pieces of land from his late father. Mariano’s stepmother, the respondent, was chosen as his guardian. She sold the 17 parcels to her brother-in-law Dr. Ramos for P14,700 in her capacity as guardian. After a week, Dr. Ramos offered her P15,000 for the lands. She then sold Emilio Cruz 4 of the 17 parcels. Two months after the petitioner took over as guardian from Roldan, the lawsuit was filed in an effort to declare the sales to Dr. Ramos and Emilio Cruz null and void. We have no hesitation in stating that in this case, Socorro Roldan took by purchasing her ward’s parcels through Dr. Ramos, and that Article 1459 of the Civil Code applies, keeping in mind the general doctrine that guardianship is a trust of the highest order, and the trustee cannot be allowed to have any inducement to neglect his ward’s interest, and in line with the court’s suspicion whenever the guardian acquires ward’s property. The three sales should not be sustained.
Facts:
Minor Mariano Bernardo received 17 pieces of land from his late father. Mariano’s stepmother, the respondent, was chosen as his guardian. She sold the 17 parcels to her brother-in-law Dr. Ramos for P14,700 in her capacity as guardian. After a week, Dr. Ramos offered her P15,000 for the lands. She then sold Emilio Cruz 4 of the 17 parcels. Two months after the petitioner took over as guardian from Roldan, the lawsuit was filed in an effort to declare the sales to Dr. Ramos and Emilio Cruz null and void.
Issue:
Whether the guardian’s sale of the property was void since it is violative of the rule that she couldn’t buy her ward’s property herself or through a third party’s mediation.
Ruling:
We have no hesitation in stating that in this case, Socorro Roldan took by purchasing her ward’s parcels through Dr. Ramos, and that Article 1459 of the Civil Code applies, keeping in mind the general doctrine that guardianship is a trust of the highest order, and the trustee cannot be allowed to have any inducement to neglect his ward’s interest, and in line with the court’s suspicion whenever the guardian acquires ward’s property. The three sales should not be sustained.