GR L 1236; (May, 1948) (Digest)
G.R. No. L-1236; May 26, 1948
MARCELO E. INTON, ET AL. vs. DANIEL QUINTANA, ET AL.
FACTS
Marcelo, Fe Severa, Antonio, and Olimpia Inton were co-owners of a parcel of land. On May 10, 1936, Marcelo and Fe Severa (both of age), along with their mother Fidela Enrile (acting “in representation” of the minors Antonio and Olimpia), sold the land to spouses Alejandro Quintana and Alejandra Malibiran for P800. The deed stated that half of the purchase price (P400) was for the minors’ maintenance and education and included a stipulation that if the minors refused to ratify the sale upon reaching majority, the sellers would refund the P800. The buyers took possession. After the buyers died, the land passed to defendant Daniel Quintana. In 1944, after both minors had reached majority, Daniel Quintana attempted to obtain an absolute deed from all siblings, but they refused and filed this suit to annul the sale.
ISSUE
1. Whether the sale was an absolute sale or one subject to ratification by the minors.
2. Whether the action to annul the sale was barred by prescription or laches.
RULING
1. The sale was absolute as to the shares of the adult sellers (Marcelo and Fe Severa). The stipulation on ratification was intended as protection for the buyers, not a condition suspending the sale’s effectivity. However, the sale was void as to the shares of the minors (Antonio and Olimpia). Their mother, Fidela Enrile, had no judicial authority to sell their real property, rendering the sale ineffective as to them.
2. The action was not barred by prescription. For the minors, the ten-year prescriptive period under the Code of Civil Procedure (Section 40) applied, and they filed within that period. The defense of prescription was properly considered as it was included in the pre-trial stipulation where plaintiffs contended the action was filed “within the period fixed by law.”
The Court declared the sale void as to Antonio and Olimpia’s shares but valid as to Marcelo and Fe Severa’s shares. Antonio and Olimpia were ordered to refund P400 (the portion of the price allocated for their benefit) to the defendant.
AI Generated by Armztrong.