Lindain v CA Digest

Facts: 

Plaintiffs as minors, owned a parel of registered land which their mother (Dolores) as guardian, sold for P2,000.00 under a deed of absolute sale to the spouses Apolonia and Federico. The latter knew that the sale was without judicial approval but still proceeded with the transaction. The plaintiffs now contend that the sale is null and void as it was without the court's approval. The Regional trial Court ruled that the sale is indeed null and void, while upon appeal, the Court of Appeals (CA) confirmed the sale as valid and dismissed the complaint. Hence this petition.

Issue: Does the sale by a guardian of a minor's property require judicial approval?

YES.

Under Art. 320 (NCC), a parent acting merely as a legal administrator of the property of his minor children does not have the power to dispose of or alienate the property of the said child without judicial approval. And under Rule 84 (Code of Civil Procedure), the powers and duties of the widow as legal administrator of her minor children's property are merely powers of possession and management. Hence, the power to sell, mortgage, encumber or dispose must proceed from the court (Rule 89). Moreover, the private respondent spouses are not purchasers in good faith as they knew right from the beginning the the transaction was without judicial approval. Further, the minors' action for reconveyance has not yet prescribed.