G.R. No. 28532, March 4, 1929
JESUS ROA Y ROA, ET AL., plaintiffs-appellees, vs. CONCEPCION ROA, ET AL., defendants-appellants.

FACTS

Spouses Pio Roa and Soledad Corrales died, leaving ten children as heirs, including Soledad Roa. Soledad Roa (daughter) married Manuel Roa and had two sons, Jesus and Jose Roa. Upon Soledad’s death, Manuel Roa was appointed guardian of the minor children. Among the properties left were two parcels of land in Tagoloan, Misamis. The heirs initially sought registration of these lands but faced numerous oppositions. To simplify the registration, they agreed to consolidate their interests by transferring their shares to one heir, Esperanza Roa de Ongpin. For the share pertaining to the deceased Soledad Roa (represented by her minor children Jesus and Jose), Manuel Roa, as guardian, sought and obtained court authorization to sell this share to Esperanza. The court approved the sale in 1919. Later, upon reaching majority, Jesus and Jose Roa filed an action for partition of the two parcels, claiming their share as heirs of their mother.

ISSUE

Whether the sale of the minors’ share in the subject properties by their guardian, Manuel Roa, to Esperanza Roa de Ongpin, is valid and effective, thereby precluding the plaintiffs’ action for partition.

RULING

Yes, the sale is valid and effective. The Supreme Court reversed the lower court’s decision granting partition. The sale was executed by the guardian with prior judicial authorization and subsequent court approval. Although the guardian’s petition inaccurately stated the land area as 15 hectares instead of approximately 50 hectares, this discrepancy was corrected and did not vitiate the sale, as the primary reason for the salethe guardian’s difficulty in managing the property from another provinceremained valid. The Court presumed that the judge duly performed his official duty in approving the sale. Moreover, the price paid was not inadequate, as it was consistent with what other co-heirs received. Consequently, the plaintiffs no longer have any share in the properties, and their action for partition cannot be maintained.