Tuesday, October 8, 2013

Carillo vs. jaojaco (956 Phil. 46) March 24, 1925

Miguela Carrillo, as sister of deceased Adriana Carrillo and current administratrix of the latter’s estate, brought action to the CFI Cavite for the annulment of the document of because her sister was declared mentally incapacitated nine days after the transaction. The defendants were absolved from the complaint and from this judgment the plaintiff appealed.

Facts:
Nov. 13, 1918 – Adriana is confined in Hospital de San Juan de Dios for cerebral hemorrhage with hemiplegia. Marcos Jaojoco and his father Justiniano, defendant-appellees, nephew and brother-in-law, respectively to the deceased, were theones who took her to the hospital and cared for her. Dec. 18, 1918 – Adriana left the hospital and called a notary public to execute the sale of land (11 parcels of land in the barrio of Ulong-Tubig, municipality of Carmona, province of Cavite at the price of P4000) to Marcos Jaojoco. Nine days later, she dies and Miguela is appointed judicial administratrix of said estate. (It is interesting to note that Miguela was the surety of her sister when the latter acquired it from her husband in January 1917.)

Issue:
WON Adrian Carrillo was mentally incapacitated in executing the document of sale.

Held/Ratio:

No. The plaintiff’s attempt to prove that Adriana was mentally deranged was insufficient. Being confined in a hospital does not prove insanity. Her doctor testified that her sickness did not affect her head but only ½ of her body. Documents produced before the Court before the execution of the document of sale, shows complex tasks done by Adriana which couldn’t be done by a mentally incapacitated person

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