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 the Latoños for P1,000 to pay the minors’ debts. Pursuant to this order, she executed the deed of sale on June 16, 1933. The purchasers took possession and remained in possession. Nearly twelve years later, on March 17, 1944, after the guardianship was closed and the wards had reached majority, the former wards sued to annul the sale, alleging it was void for lack of court approval of the deed itself and because the notary public who acknowledged it lacked territorial authority.

ISSUE

Whether the sale executed by the guardian is null and void for lack of court approval and due to a defect in the notarization.

RULING

No. The sale is valid. The court order expressly authorized the guardian “to execute and deliver” the deed to specified buyers for a fixed price, which constituted prior approval of the sale. Subsequent submission of the executed deed for confirmation was unnecessary as there was full compliance with the court’s terms. The defect in notarization is immaterial; the deed remained effective as a valid contract between the parties under the Civil Code, as all essential elements (subject matter, capacity, consent, consideration) were present. The defense of res judicata raised on appeal is without merit, as the probate court had expressly declined to rule on the sale’s validity. The decision of the lower court dismissing the action is affirmed.

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