SALVACION LOPEZ v. JOSE TEODORO SR. et al FACTS: Eulalio Lopez Sr.

, an incapacitated under the judicial guardianship of Eulalio Lopez Jr. was the exclusive and absolute owner of a 100-hectare land in Silay, Negros Occidental. Acting upon the motions filed in the proceedings for guardianship, the court ordered the guardian to pay the movants the loans properly authorized by the court for the support and maintenance of the incapacitated. In pursuance of this authority, the guardian sold the only property of the incapacitated to Jesus Jalbuena. However, in authorizing the said sale, the court did not follow the requirement of Sec. 2 of Rule 96 that the court shall direct the next of kin of the ward, and all persons interested in the estate, to appear at a reasonable time and place to show cause why the prayer for the sale should not be granted. Although Lopez Jr. was the judicial guardian, the incapacitated was and is under the actual care and custody of his sister, Salvacion Lopez. Believing the sale is prejudicial to her brothers interest, Salvacion filed a petition for certiorari/mandamus praying that the sale be revoked after the motion for recon was denied.

ISSUE: Whether the sale of the property should be declared null and void. RULING: The guardianship court where the proceeding was pending had the jurisdiction to order the questioned sale. It was also undisputed that the outstanding indebtedness of the guardianship was property and legally incurred for the support and maintenance of the incapacitated. Petitioner has no legal interest in the complaint. The incapacitated has children, all of age, one of whom is the judicial guardian, while the petitioner is only the wards sister. Not being the wards forced heir, she was not prejudiced by the sale she seeks to impugn. Petitioner is wrong in asserting that she is next of kin. Next of Kin within the meaning of Rule 96 are relatives whose relationship is such that they are entitled to share in the estate as distributes.