Lulu vs Jovita San Juan-Santos (38)

Caption:

CECILIO C. HERNANDEZ, G.R. No. 166470 MA. VICTORIA C. HERNANDEZ- SAGUN, TERESA C. HERNANDEZ- VILLA ABRILLE and NATIVIDAD Present: CRUZ-HERNANDEZ, Petitioners, PUNO, C.J., Chairperson, CARPIO, CORONA, LEONARDO-DE CASTRO and

- v e r s u s - BERSAMIN, JJ.

 JOVITA SAN JUAN-SANTOS, Respondent.

Facts:

Maria Lourdes San Juan Hernandez (or Lulu) was born on February 14, 1947 to the spouses Felix Hernandez and Maria San Juan Hernandez. Unfortunately, the latter died due to complications during childbirth. After Maria's death, Felix left Lulu in the care of her maternal uncle, Sotero C. San Juan.

On December 16, 1951, Felix married Natividad Cruz. The union produced three children, petitioners Cecilio C. Hernandez, Ma. Victoria C. Hernandez-Sagun and Teresa C. Hernandez-Villa Abrille.

Meanwhile, as the only child of Maria and the sole testate heir of Sotero, Lulu inherited valuable real properties from the San Juan family (conservatively estimated at P50 million in 1997).

Sometime in 1957, Lulu went to live with her father and his new family. She was then 10 years old and studying at La Consolacion College. However, due to her violent personality, Lulu stopped schooling when she reached Grade 5.

In 1968, upon reaching the age of majority, Lulu was given full control of her estate. Nevertheless, because Lulu did not even finish her elementary education, Felix continued to exercise actual administration of Lulus properties. Upon Felix's death in 1993, petitioners took over the task of administering Lulu's properties.

Medical specialists testified to explain the results of Lulus examinations which revealed the alarming state of her health. Not only was Lulu severely afflicted with diabetes mellitus and suffering from its complications, she also had an existing artheroselorotic cardiovascular disease (which was aggravated by her obesity). Furthermore, they unanimously opined that in view of Lulus intelligence level (which was below average) and fragile mental state, she would not be able to care for herself and self-administer her medications.

Issues:

Is Lulu was incapable of taking care of herself and inherit a parcel of land at Marilou Subdivision formerly belong to San Juan Family? And who was her legal guardian?

Held:

No, because of her illnesses and low educational attainment, needed assistance in taking care of herself and managing her affairs considering the extent of her estate. With regard to the respondents appointment as the legal guardian, the CA found that, 

since Lulu did not trust petitioners, none of them was qualified to be her legal guardian. 

According to article 38 of the civil code of the Philippines that minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements