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    Paragas Vs Heirs of Dominador Balacano

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    Jacqueline Wade
    Gregorio Balacano owned two parcels of land and was seriously ill in the hospital with liver cirrhosis until his death on July 19, 1996. He purportedly sold portions of the land on July 22, 1996 while confined in the hospital. His grandchildren filed a complaint to annul the sale, arguing that Gregorio could not have signed the deed of sale on that date given his condition. The court ruled that (1) Gregorio did not give intelligent consent to the sale given his serious illness, and (2) the deed of sale was null and void due to irregularities in the notarization process and Gregorio's disadvantaged state.

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    Paragas Vs Heirs of Dominador Balacano

    Uploaded by

    Jacqueline Wade
    448 views1 page
    Gregorio Balacano owned two parcels of land and was seriously ill in the hospital with liver cirrhosis until his death on July 19, 1996. He purportedly sold portions of the land on July 22, 1996 while confined in the hospital. His grandchildren filed a complaint to annul the sale, arguing that Gregorio could not have signed the deed of sale on that date given his condition. The court ruled that (1) Gregorio did not give intelligent consent to the sale given his serious illness, and (2) the deed of sale was null and void due to irregularities in the notarization process and Gregorio's disadvantaged state.

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    Paragas vs Heirs of Dominador Balacano

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    Gregorio Balacano owned two parcels of land and was seriously ill in the hospital with liver cirrhosis until his death on July 19, 1996. He purportedly sold portions of the land on July 22, 1996 while confined in the hospital. His grandchildren filed a complaint to annul the sale, arguing that Gregorio could not have signed the deed of sale on that date given his condition. The court ruled that (1) Gregorio did not give intelligent consent to the sale given his serious illness, and (2) the deed of sale was null and void due to irregularities in the notarization process and Gregorio's disadvantaged state.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    448 views1 page

    Paragas Vs Heirs of Dominador Balacano

    Uploaded by

    Jacqueline Wade
    Gregorio Balacano owned two parcels of land and was seriously ill in the hospital with liver cirrhosis until his death on July 19, 1996. He purportedly sold portions of the land on July 22, 1996 while confined in the hospital. His grandchildren filed a complaint to annul the sale, arguing that Gregorio could not have signed the deed of sale on that date given his condition. The court ruled that (1) Gregorio did not give intelligent consent to the sale given his serious illness, and (2) the deed of sale was null and void due to irregularities in the notarization process and Gregorio's disadvantaged state.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PARAGAS VS HEIRS OF DOMINADOR BALACANO

    FACTS
    Gregorio Balacano was married to Lorenza Sumigcay has two parcel of land located
    in Santiago City. They had three children namely Domingo, Catalino and Alfredo, all
    surnamed Balacano.Gregorio was admitted at the hospital for liver cirrhosis,
    confined until his death on July 19, 1996. Lorenza died on December 1991. Gregorio
    purportedly sold on July 22, 1996 a portion of Lot consisting of 15, 925 sqm and the
    whole of of Lot 1175-F to the Spouses Paragas for a total consideration of
    P500,000.00. Domingos children (Dominic, Rodoldo, Nanette and Cyric) all
    surnamed Balacano filed a complaint for the annulment of sale and partition against
    Catalino and the Spouses Paragas. They claimed that their grandfather (Gregorio)
    could not have appeared before the notary public on July 22, 1996 at Santiago City
    because he was confined at the Veterans Hospital in Quezon City and at the time of
    the execution of the sale, Gregorio was seriously ill, in fact dying at that time.

    Issue: 1. WON Gregorio give an intelligent consent to the sale of Lots 1175-E and
    1175-F when he signed the deed of sale.
    2. WON the deed of Sale purportedly executed by the petitioners and the
    late Gregorio Balacano was null and void.
    Rulings:

    1. No. It is not disputed that when Gregorio signed the deed of sale, Gregorio was seriously ill, as
    he in fact died a week after the deeds signing. Gregorio died of complications caused by
    cirrhosis of the liver. Gregorio;s death was neither sudden nor immediate; he fought at least a
    month-long battle against the disease until he succumbed to death on July 22, 1996. Given that
    Gregorio purportedly executed a deed during the last stages of hi battle agsint his disease, we
    seriously doubt whether Gregorio could have read, or fully understood, the contents of the
    documents he signed or of the consequences of his act.
    2.Yes. The irregular and invalid notarization of the deed is a falsity that raises doubts on the
    regularity of the transaction itself. While the deed was indeed signed on July 18, 1996 at
    Bayombong, Nueva Viscaya, the deed states otherwise, as it shows that the deed was executed on
    July 22, 1996 at Santiago City. Why such falsity was committed, and the circumstances under
    which this falsity committed, speaks volume about the regularity and the validity of the sale. Art
    24 of Civil Code tells us that in all contractual property or other relations, when one of the
    parties is at disadvantage on account of his moral dependence, ignorance, indigence, mental
    weakness, tender age or other handicap, the courts must be vigilant for his protection. Based on
    the foregoing, Gregorios consent to the sale of the lots was absent making the contact null and
    void.

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