G.R. No. 166470
August 7, 2009
CECILIO C. HERNANDEZ,
MA. VICTORIA C. HERNANDEZ and NATIVIDAD CRUZ-HERNANDEZ, Petitioners,
vs.
JOVITA SAN JUAN-SANTOS, Respondent.
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G.R.
No. 169217
CECILIO
C. HERNANDEZ, MA. VICTORIA C. HERNANDEZ-SAGUN and TERESA C. HERNANDEZ-VILLA
ABRILLE, Petitioners,
vs.
JOVITA SAN JUAN-SANTOS, Respondent.
CORONA, J.:
With the same facts in the ABS-CBN Ipaglaban
mo episode: kakampi
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.
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 ₱50 million in 1997).
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.
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 Lulu’s properties. Upon Felix's death in 1993, petitioners
took over the task of administering Lulu's properties.
Felix allegedly purchased one of Lulu’s
properties for an undisclosed amount to develop the Marilou Subdivision. In 1995, Ma. Victoria informed Lulu that her
11-hectare Montalban, Rizal property was under litigation. Thus, Lulu signed a
special power of attorney (SPA) believing that she was authorizing Ma.
Victoria to appear in court on her behalf when she was in fact unknowingly
authorizing her half-sister to sell the said property to the Manila Electric
Company for ₱18,206,400. Thereafter, Cecilio asked Lulu to authorize him
to lease her 45-hectare property in Montalban, Rizal to Oxford Concrete
Aggregates for ₱58,500 per month so that she could have a car and driver at her
disposal.
Lulu sought the assistance of her maternal
first cousin, respondent Jovita San Juan-Santos, after learning that
petitioners had been dissipating her estate. She confided to Jovita that she
was made to live in the basement and receiving a measly daily allowance of ₱400
for her food and medication. Respondent
was appalled as Lulu was severely overweight, unkempt and smelled of urine. She
later found out that Lulu was occupying a cramped room lit by a single
fluorescent lamp without running water. Since she had not been given a proper
toilet, Lulu urinated and defecated in the garden. Due to Lulu's poor hygiene,
respondent brought her to several physicians for medical examination. Lulu was
found to be afflicted with tuberculosis, rheumatism and diabetes from which she
was suffering several complications.
Thereafter, the San Juan family demanded an
inventory and accounting of Lulu’s estate from petitioners. However, the
demand was ignored.
respondent filed a petition for
guardianship in the Regional Trial Court (RTC). She alleged that Lulu was
incapable of taking care of herself and managing her estate because she was of
weak mind.
Medical specialists testified to explain the
results of Lulu’s 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 Lulu’s intelligence level (which was below
average) and fragile mental state, she would not be able to care for herself
and self-administer her medications.
RTC concluded that, due to her weak physical
and mental condition, there was a need to appoint a legal guardian over the
person and property of Lulu
Petitioners claim that the opinions of Lulu's
attending physicians regarding her mental state were inadmissible
in evidence as they were not experts in psychiatry. Respondent therefore failed
to prove that Lulu's illnesses rendered her an incompetent. She should have
been presumed to be of sound mind and/or in full possession of her mental
capacity. For this reason, Lulu should be allowed to live with them since under
Articles 194 to 196 of the Family Code, legitimate brothers and sisters,
whether half-blood or full-blood are required to support each other fully.
Issue(s):
Whether or not opinions of Lulu's attending
physicians are not admissible.
Ruling:
Under Section 50, Rule 103 of the
Rules of Court, an ordinary witness may give his opinion on the mental sanity
of a person with whom he is sufficiently acquainted. Lulu's attending
physicians spoke and interacted with her. Such occasions allowed them to thoroughly
observe her behavior and conclude that her intelligence level was below average
and her mental stage below normal. Their opinions were admissible in evidence.
Furthermore, where the sanity of a
person is at issue, expert opinion is not necessary. The observations of
the trial judge coupled with evidence establishing the person's state of mental
sanity will suffice. Here, the trial judge was given ample opportunity to
observe Lulu personally when she testified before the RTC.
Under Section 2, Rule 92 of the
Rules of Court, persons who, though of sound mind but by reason of age,
disease, weak mind or other similar causes are incapable of taking care of themselves and their
property without outside aid, are considered as incompetents who may properly
be placed under guardianship. The RTC and the CA both found that Lulu was
incapable of taking care of herself and her properties without outside aid due
to her ailments and weak mind. Thus, since determining whether or not Lulu is
in fact an incompetent would require a reexamination of the evidence presented
in the courts a quo, it undoubtedly involves questions of
fact.
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