Title
Katipu vs. Katipu, Jr.
Case
G.R. No. 132415
Decision Date
Jan 30, 2002
A mentally incapacitated and illiterate respondent was deceived into signing a Deed of Absolute Sale, unaware of its contents. The Supreme Court annulled the sale, ruling it voidable due to vitiated consent, and ordered restitution of the property and collected rentals.

Case Summary (G.R. No. 184933)

Factual Background

Braulio Katipunan, Jr. owned a 203-square-meter lot with a five-door apartment at 385-F Matienza St., San Miguel, Manila, registered under TCT No. 109193. On December 29, 1985, Braulio, assisted by his brother Miguel Katipunan, executed a document titled Deed of Absolute Sale in favor of brothers Edgardo Balguma and Leopoldo Balguma, Jr., represented by their father Atty. Leopoldo Balguma, Sr., for P187,000.00. The original title was cancelled and TCT No. 168394 was issued in the names of the Balguma brothers. Beginning January, 1986, the Balguma brothers collected rentals from the lessees.

Trial Court Proceedings

On March 10, 1987, Braulio filed a complaint for annulment of the Deed of Absolute Sale in the RTC. He alleged that Miguel, Atty. Balguma, and Inocencio Valdez induced him to go abroad, procured falsified clearances, and by machination made him sign what he believed was a contract of employment but which was a deed of sale. He further alleged nonreceipt of the stated consideration and lack of explanation of the instrument. Petitioners denied the allegations and asserted that Braulio knowingly signed and received the consideration. Braulio twice moved to dismiss his complaint and the motions were initially granted. Upon motions for reconsideration supported by a psychiatric report of Dr. Annette Revilla, the trial court found that Braulio did not sign voluntarily and was not assisted by counsel; the court therefore reinstated the case, appointed Braulio’s sister as guardian ad litem, and set the matter for pre-trial. After trial the RTC dismissed the complaint, finding that Braulio admitted signing the deed, obtaining loans from the Balgumas, acknowledging the sale, and ceasing to collect rentals.

Court of Appeals Decision

The Court of Appeals reversed the RTC on July 31, 1997 and annulled the Deed of Absolute Sale. The appellate court accepted the psychiatric findings of Dr. Ana Marie Revilla that Braulio had a very low IQ, was illiterate, and had the mental age of a six-year-old. The court found that the deed was in English and there was no showing that its contents had been explained or translated to Braulio, and thus invoked Art. 1332 on unreadable or foreign-language contracts. The Court of Appeals held that Braulio fell within the category of persons incompetent under Sec. 2, Rule 92, Rules of Court, and that consent was vitiated by undue influence and fraud. It declared TCT No. 168394 null and void and directed restoration of TCT No. 109193.

Issues Presented

The principal issue presented to the Supreme Court was whether the Court of Appeals erred in reversing the RTC’s factual findings and annulling the Deed of Absolute Sale. Subsidiarily, the Court had to determine whether Braulio was capable of giving consent, whether consent was vitiated by undue influence or fraud, and the proper measure of restitution if the contract were annulled.

Parties’ Contentions

Petitioners urged that the trial court’s findings of fact deserved deference and that the Court of Appeals improperly overturned those findings which were amply supported by the record. They argued that Braulio admitted signing the deed and receiving consideration, and that the trial court had firsthand opportunity to appraise witness credibility by demeanor. Respondent maintained that he was mentally disadvantaged, that the deed was not explained to him, that he received only small amounts of money, and that undue influence and fraud rendered his consent voidable.

Supreme Court Ruling

The Supreme Court denied the petition and affirmed the Court of Appeals Decision with modification. The Court held that the case fell within recognized exceptions to the rule of appellate deference to trial court factual findings. The Court declared the Deed of Absolute Sale voidable for incapacity and vitiated consent, annulled the deed, ordered the Register of Deeds to restore TCT No. 109193, and required petitioners Edgardo Balguma and Leopoldo Balguma, Jr. to account for and turn over rentals collected from January, 1986 up to the time the property is returned, with legal interest and costs against petitioners.

Legal Basis and Reasoning

The Court reiterated that a contract of sale requires meeting of minds as to object and price, per Art. 1475, and that consent may be vitiated by mistake, violence, intimidation, undue influence, or fraud under Art. 1330. The Court found dispositive the uncontroverted psychiatric evidence that Braulio was illiterate, slow in comprehension, and had the mental age of a six-year-old. The Court applied Art. 1332, requiring that a contract in a language not understood be shown to have been fully explained when fraud is alleged. The Court further observed that Sec. 2, Rule 92 includes persons whose weak minds by reason of age or disease make them unable to manage property and thus vulnerable to exploitation. The Court faulted the RTC for disregarding the expert’s unrebutted opinion and for relying solely on the trial judge’s impression of the witness’ demeanor without reconciling that impression with the established psychiatric findings. The Court found credible Braulio’s testimony that he signed under compulsion, that Miguel received the money from Atty. Balguma, and that Braulio received only loose change. The Court concluded that consent was vitiated and that the deed was voidable under Art. 1390. On restitution, the Court applied Art. 1398 and Art. 1399, observing that when incapacity is the defect the incapacitated person is not obliged to make restitution except insofar as he has been benefited.

Relief and Disposition

The Supreme Court affirmed the Court of Appeals’ annulment of

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