Eugenio Domingo, Crispin Mangabat and Samuel Capalungan vs. Hon. Court of Appeals, Felipe C. Rigonan and Concepcion R. Rigonan
G.R. No. 127540 17 October 2001
Facts:
Paulina Rigonan owned three parcels of land located at Batac and Espiritu, Ilocos Norte, including a house and warehouse on one parcel. She allegedly sold them to Felipe and Concepcion Rigonan, who claim to be her relatives. Petitioners Domingo, Mangabat and Capalungan who claim to be Paulina’s closest surviving relatives, allegedly took possession of the property by means of stealth, force and intimidation and refused to vacate the same. Felipe Rigonan filed a complaint for reinvindicacion against petitioners in the RTC of Batac, Ilocos Norte, alleging their ownership of the land through the deep of sale executed by Paulina Rigonan and since then have been in continuous possession of the properties and introduced permanent improvements thereon. According to the petitioners, the deed of absolute sale was void for being spurious since they inherited the three lots and the permanent improvements as nearest surviving kin within the fifth degree of consanguinity to Paulina. The RTC ruled in the petitioner’s favor, declaring them the lawful owners of the contested land. The Court of Appeals reversed the trial court’s decision and ordered the petitioners to vacate the subject properties and surrender possession thereof.
Issues:
(1) Whether or not private respondents sufficiently established the existence and due execution of the Deed of Absolute and Irrevocable Sale of Real Property
(2) Whether or not Paulina Rigonan was competent to enter into said contract
Ruling:
Paulina Rigonan was in continuous possession of the property in this case, throwing an inverse implication and serious doubt on the due execution of the deed of sale. The same parcels of land involved in the alleged sale were still included in the will subsequently executed by Paulina and notarized by Atty. Tagatag. These circumstances, taken together, militate against unguarded acceptance of the due execution and genuineness of the alleged deed of sale.
At the time of the execution of the alleged contract, Paulina Rigonan was already of advanced age and senile, attested by the testimony that she played with her waste and urinated in bed. She died an octogenarian barely a year when the deed was allegedly executed. The general rule is that a person is not incompetent to contract merely because of advance 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 when she is undeniably incapacitated.
The decision of the Court of Appeals is reversed and set aside and the decision of the Batac RTC is reinstated.
