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    Paragas v. Heirs of Dominador Balacano

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    Je S Be
    This document summarizes a Supreme Court case from the Philippines regarding the annulment of the sale of two lots by Gregorio Balacano due to his alleged incapacity to consent. The trial court and appellate court both ruled the sale was void because Gregorio was seriously ill at the time of the sale. The Supreme Court affirmed, stating that advanced age or illness can impair mental faculties and prevent one from properly protecting their property rights, as was the case with Gregorio who was 80 years old and suffering from a terminal illness.

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    Paragas v. Heirs of Dominador Balacano

    Uploaded by

    Je S Be
    22 views2 pages
    This document summarizes a Supreme Court case from the Philippines regarding the annulment of the sale of two lots by Gregorio Balacano due to his alleged incapacity to consent. The trial court and appellate court both ruled the sale was void because Gregorio was seriously ill at the time of the sale. The Supreme Court affirmed, stating that advanced age or illness can impair mental faculties and prevent one from properly protecting their property rights, as was the case with Gregorio who was 80 years old and suffering from a terminal illness.

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    2. Paragas v. Heirs of Dominador Balacano_

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    This document summarizes a Supreme Court case from the Philippines regarding the annulment of the sale of two lots by Gregorio Balacano due to his alleged incapacity to consent. The trial court and appellate court both ruled the sale was void because Gregorio was seriously ill at the time of the sale. The Supreme Court affirmed, stating that advanced age or illness can impair mental faculties and prevent one from properly protecting their property rights, as was the case with Gregorio who was 80 years old and suffering from a terminal illness.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    22 views2 pages

    Paragas v. Heirs of Dominador Balacano

    Uploaded by

    Je S Be
    This document summarizes a Supreme Court case from the Philippines regarding the annulment of the sale of two lots by Gregorio Balacano due to his alleged incapacity to consent. The trial court and appellate court both ruled the sale was void because Gregorio was seriously ill at the time of the sale. The Supreme Court affirmed, stating that advanced age or illness can impair mental faculties and prevent one from properly protecting their property rights, as was the case with Gregorio who was 80 years old and suffering from a terminal illness.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    SPS. RUDY PARAGAS AND CORAZON B. PARAGAS, petitioners,vs.HRS.

    OF
    DOMINADOR BALACANO, namely: DOMINIC, RODOLFO, NANETTE AND
    CYRIC, all surnamed BALACANO, represented by NANETTE BALACANO and
    ALFREDO BALACANO, respondents.
    [G.R. No. 168220. August 31, 2005.]

    Doctrine:

    The general rule is that a person is not incompetent to contract merely


    because of advanced years or by reason of physical infirmities. However,
    when such age or infirmities have impaired the mental faculties so as to
    prevent the person from properly, intelligently, and firmly protecting her
    property rights then she is undeniably incapacitated.

    RTC CA SC

    Sales was void because Gregorio was Affirmed RTC Affirmed CA


    seriously ill and thus vitated his consent

    Facts

    ● Gregorio had three children: Domingo, Catalino and Alfredo. Gregorio


    allegedly sold two lots a week before his death to Spouses Paragas. The
    spouses sold a portion of the first lot to Catalino. Domingo's children filed a
    complaint for annulment of sale and partition against Catalino and the
    Spouses Paragas.

    ● Contention of Domingo's children:

    ○ Gregorio was too ill to give full consent to the disposal of his property
    ○ They also argue that assuming Gregorio was of sound mind, he could
    only transfer half portions of the two lots since the other half belongs
    to Gregorios wife, Lorenza

    ● Contention of Spouses Paragas et al

    ○ Gregorio and the spouses already agreed to the sale even before the
    former's hospitalization w/ a P50,000 consideration already paid
    beforehand

    Issue

    Was Gregorio capable of giving free and full consent to the sale?

    Held:

    No. In Domingo v. CA, the Court ruled that the general rule is that a person is
    not incompetent to contract merely because of advanced years or by reason
    of physical infirmities. However, when such age or infirmities have impaired
    the mental faculties so as to prevent the person from properly, intelligently,
    and firmly protecting her property rights then she is undeniably
    incapacitated. In this case, Gregorio was an octogenarion and was suffering
    from liver cirrhosis (to which he died of a week later) at the time the deed of
    sale was allegedly signed by him on his death bed in the hospital. Thus, there
    is doubt on his physical and mental capacity to freely consent to the contract.

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