Title
Francisco vs. Herrera
Case
G.R. No. 139982
Decision Date
Nov 21, 2002
Dispute over land sales involving senile dementia, voidable contracts, and ratification; Supreme Court upheld validity due to implied ratification.

Case Summary (G.R. No. 139982)

Factual Background

Eligio Herrera, Sr., owner of two contiguous lots in Cainta, sold the first (500 sq m, TD 01-00495) to petitioner for ₱1,000,000 (installments paid November 1990–August 1991), and the second (451 sq m, TD 01-00497) for ₱750,000 on March 12, 1991. Respondent, one of Eligio’s children, claimed (a) prior 1973 sale of TD 01-00497 in his favor, (b) co-ownership in TD 01-00495 as heir of his mother, and (c) that Eligio was incapacitated by senile dementia at time of sale. After failed price-increase negotiations, respondent filed for annulment of sale.

RTC and CA Rulings

The RTC (Nov. 14, 1994) declared both deeds of sale null and void, ordered restitution of properties to respondent and refund of ₱1,750,000 to petitioner, and denied petitioner’s counterclaim. The CA (Aug. 30, 1999) affirmed in toto, sustaining nullity for lack of consent capacity and alleged defects in title transfer.

Issues on Review

The petition for certiorari presented three main grounds:

  1. Misapplication of the distinction between void and voidable contracts and failure to consider ratification by respondent.
  2. Erroneous factual and jurisprudential findings on senile dementia.
  3. Violation of due process in declaring consideration grossly inadequate.

Void Versus Voidable Contracts

Under Civil Code Art. 1409, a void contract lacks one essential requisite or is prohibited by law and cannot be ratified. By contrast, Art. 1390 identifies voidable contracts (e.g., lack of capacity per Art. 1327) that remain binding unless annulled by timely court action and can be ratified, expressly or implicitly, by acceptance of benefits.

Supreme Court’s Legal Analysis

  1. Capacity and Contractual Effect
    • Findings of mental incapacity (senile dementia) render the sales voidable, not void ab initio.
    • A demented person’s consent is vitiated (Art. 1327), making the contract annullable (Art. 1390), but valid until annulled.
  2. Ratification by Acceptance of Benefits
    • Respondent negotiated price increases while accepting installment payments, evidenced by delay in filing suit and failure to tender back payments.
    • Implied ratificat

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