LAW ON SALES | PHIL. TRUST CO. V. ROLDAN, 99 PHIL. 393, MAY 31, 1956

PHIL. TRUST CO. V. ROLDAN

99 PHIL. 393, MAY 31, 1956


TOPIC/DOCTRINE

whenever the guardian acquires the ward's property through an intermediary, he violates the provision of Article 1459 of the Civil Code and such transaction and subsequent ones emanating therefrom shall be annulled.

FACTS

As guardian of the property of the minor Mariano L. Bernardo, the Philippine Trust Company filed in the Manila court of first instance a complaint to annul two contracts regarding 17 parcels of land: (a) sale thereof by Socorro Roldan, as guardian of said minor, to Fidel C. Ramos; and (6) sale thereof by Fidel C. Ramos to Socorro Roldan personally. The complaint likewise sought to annul a conveyance of four out of the said seventeen parcels by Socorro Roldan to Emilio Cruz.

The action rests on the proposition that the first two sales were in reality a sale by the guardian to herself therefore, null and void under Article 1459 of the Civil Code. As to the third conveyance, it is also ineffective, because Socorro Roldan had acquired no valid title to convey to Cruz.

These 17 parcels located in Guiguinto, Bulacan, were part of the properties inherited by Mariano L. Bernardo from his father, Marcelo Bernardo, deceased. In view of his minority, guardianship proceedings were instituted, wherein Socorro Roldan was appointed his guardian. She was the surviving spouse of Marcelo Bernardo, and the steprnother of said Mariano L. Bernardo.

 

ISSUE

Whether the subsequent sales were valid.

 

RULING

No.

The court ruled that as Guardianship is a trust of the highest order, the trustee cannot be allowed to have any inducement to neglect his ward's interest; and whenever the guardian acquires the ward's property through an intermediary, he violates the provision of Article 1459 of the Civil Code and such transaction and subsequent ones emanating therefrom shall be annulled.https://www.instagram.com/lawyalstudent/

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