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Guardianship Sale Dispute Ruling

The probate court did not have valid jurisdiction to authorize the sale of property belonging to minor children over 14 years of age because those children were not properly notified of the guardianship and sale proceedings. While the children's mother served as their guardian, her interests may have differed from the children's interests, so their rights could not be ignored. As the state acts as parens patriae for minors, it has a duty to protect the rights of those who cannot fully protect themselves due to age or incapacity. The appellate court therefore erred in upholding the sale, and the probate court correctly found the jurisdictional defect invalidated its authorization of the sale.

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675 views2 pages

Guardianship Sale Dispute Ruling

The probate court did not have valid jurisdiction to authorize the sale of property belonging to minor children over 14 years of age because those children were not properly notified of the guardianship and sale proceedings. While the children's mother served as their guardian, her interests may have differed from the children's interests, so their rights could not be ignored. As the state acts as parens patriae for minors, it has a duty to protect the rights of those who cannot fully protect themselves due to age or incapacity. The appellate court therefore erred in upholding the sale, and the probate court correctly found the jurisdictional defect invalidated its authorization of the sale.

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kc lovess
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We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

L-23096 April 27, 1972


MARTIN NERY and LEONCIA L. DE LEON, petitioners,
vs.
ROSARIO, ALFREDO, MARIANO, PACIFICO, ONOFRE, TEOFILO, LOLOY and TRINIDAD, all surnamed
LORENZO, respondents.
FERnando, J.:

Facts:
1. A parcel of land was sold to vendee spouses Nery by the widow of
the deceased Leoncio Lorenzo. The vendor was Bienvenida (widow),
guardian of the decedent's minor children. Two (2) of whom later
assailed the validity of the said transaction. The latter contended that
despite the order of the guardianship court authorizing the sale of the
lot, they were not informed of the move. Further, they contended that
the guardianship proceeding was conducted without notifying the two
older siblings although they were already more than 14 years of age at
that time.

2. The heirs of Silveria Ferrer who allegedly owned 1/4 of the


property likewise intervened in the action. The lower court adjudged
them the owners of the 1/4 portion and it likewise declared the sale to
be null and void.

3. The spouses Nery appealed to the Court of Appeals which declared


the deed of sale to the spouses (as to the 3/4 portion) by the guardian
is valid, without prejudice to the children demanding from their
mother their participation in the proceeds. Not being satisfied with the
appellate court's decision, the spouses Nery, the children of the
deceased and Bienvenida filed these petitions.

Issue: Whether or not the probate court could have validly


authorize the sale of the property

RULING:
No, the juridictional infirmity is clear. The Court of Appeals failed to
give due weight to the jurisdictional defect that the minors over 14
years age were not notified. The probate court is therefor correct in not
have authorized the sale due to this clear jurisdictional infirmity. The
rights of the young should never be ignored and it does not matter if
their guardian is their mother, as even in some cases, the interest of the
mother is opposed to that of the children.

Finally, when minors are involve, the state being the parens patriae
has the duty to protect the rights of persons or individuals who
because of age or incapacity are in an unfavorable position.

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