Nery v. Lorenzo Digest

Nery v. Lorenzo 44 SCRA 431

G.R. No. L-23376  April 27, 1972

Ponente: 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.