Sie sind auf Seite 1von 1

Paciente v.

G.R. No. L-58319 June 29, 1982
Ponente: Guttierez, J.:
Leonardo Homeres died, leaving to his widow Lilia, and two (2) minor children a lot.
Subsequently, the lot was sold to Conchita Dumdum, who later on sold it to the
petitioner. The petitioner then mortgaged the subject lot to the Citytrust bank as
security for a loan. Thereafter, Lilia was declared guardian of the minors in the
guardianship proceedings.
The guardianship court issued an order for the cancellation of the transfer certificate of
title for the lot. It also ordered the petitioner to pay the minors the price of the lot
alienated. Hence, this petition.
Whether or not the guardianship court has jurisdiction to order the cancellation
on the transfer certificate of title of the subject lot
Yes, in this case the title and ownership of the minors over the disputed property is
clear and indisputable, as such, the court orders for the return or deliver of the
property is valid. However, the order directing the payment or deposit of 10,000 is
null and void as it was issued without a hearing to determine the value of the property
and the time frame for fixing such valuation was unclear.