G.R. No. L-3408 December 23, 1950
JOSE SORIANO, ET AL. vs. DALMACIO LATOÑO, ET AL.

FACTS

The title to a parcel of land was registered in the names of the Soriano siblings while they were minors. Their mother, as court-appointed guardian, obtained a court order dated October 15, 1932, authorizing her to execute a deed of conveyance of the land to Silvino Latoño and Dalmacio Latoño for a consideration of P1,000, with the proceeds to be used to pay an obligation for attorney’s fees incurred in registering the minors’ properties. Pursuant to the order, the guardian executed the deed of sale on June 16, 1933, and the vendees took possession. The guardianship was closed in 1944 after all wards attained majority. Nearly twelve years after the sale, the former wards sued to annul the sale and recover the land, alleging the sale was void because (a) it lacked court approval, and (b) the deed was acknowledged before a notary public not authorized to act in the municipality where it was ratified.

ISSUE

Whether the sale of the minors’ land by their guardian is null and void for lack of court approval and due to a defect in the notarization of the deed.

RULING

No. The sale is valid. The court order expressly authorized the guardian “to execute and deliver” the deed to specifically named purchasers for a fixed price, which constituted the court’s approval of the sale itself. Subsequent confirmation was unnecessary as there was faithful compliance with the order’s terms. The defect in notarization is immaterial; the deed remained effective between the parties as all elements of a valid contract were present. The Court affirmed the dismissal of the complaint.

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