38. CORAZON CATALAN, CATALAN, LIBRADA CATALAN-LIM, CATALAN-LIM, EULOGI EULOGIO O CATALAN, CATALAN, MILA CATALAN-MILAN, CATALAN-MILAN, ZENAIDA ZEN AIDA CATALAN, ALEX CATALAN, DAISY CATALAN, FLORIDA CATALAN and GEMMA CATALAN, Hei! "# $%e &a$e FELICIANO CATALAN, Petitioners, vs. 'OSE BASA, MANUEL BASA, LAURETA BASA, DELIA BASA, 'ESUS BASA and ROSALINDA BASA, Hei! "# $%e &a$e MERCEDES CATALAN, Respondents. (G.R. N". )*+*, '& 3), /001 2UNO, C. J.: TO2IC4 2ERSONS 5 CA2ACITY TO ACT 5 2RESUM2TION OF CA2ACITY (NCC A$i6&e! 31-3+ DOCTRINE4 Donation like any other contract, an agreement of the parties is essential. Consent in contracts presupposes the following requisites: i. it should be in$e&&i7en$ or in$e&&i7en$ or with an eact notion of the matter to which it refers! ii. it should be #ee! #ee! and iii. it should be !"n$ane"!. b. "he parties# parties# intenti intention on must be clear clear and the attenda attendance nce of a vice of consent, consent, like like any contract, contract, renders renders the donation voidable. $urden of proving such incapacity rests upon the person who alleges it! if no sufficient proof to this effect is presented, capacity will be presumed. %n this case, petitioners failed to prove incapacity of &eliciano. FACTS4 '. (ctober )*, '+-: &/%C%01( &/%C%01( C0"0 C0"0/01 /01 2&eliciano3 2&eliciano3 was discharged discharged from active military military service. service. a. "he $oard of 4edical (fficers of the Department Department of 5eteran 5eteran 0ffairs 0ffairs found found that he was unfit to render military service due to his 6schi7ophrenic reaction, catatonic type, which incapacitates him because of flattening of mood and affect, preoccupation with worries, withdrawal, and sparce and pointless speech ). 8eptember 8eptember )-, '++: '++: &elic &eliciano iano then then marri married ed Cora7on Cora7on Cere7 Cere7o o 9. une ';, '+<': '+<': a document was was eecuted, eecuted, titled titled 60bsolute 60bsolute Deed of Donation Donation,6 ,6 wherein wherein &eliciano &eliciano allegedly allegedly donated to his sister 4RCD8 C0"0/0124ercedes3 one=half of the real property in Pangasinan . December '', '', '+<9: People>s $ank and "rust "rust Company Company filed 8pecial 8pecial Proceedings Proceedings 1o. <;9 to to declare declare &eliciano incompetent. a. "he "C issued its (rder for 0d?udication 0d?udication of %ncompetency %ncompetency for 0ppointing @uardian for the state and &iing 0llowance 0llowance of &eliciano. b. People>s People>s $ank $ank and "rust "rust Company Company was appointe appointed d as &eliciano> &eliciano>s s guardian guardian i. People>s People>s $ank $ank and "rust "rust Company Company has been subsequent subsequently ly renamed, renamed, and is presently presently known known as the $ank of the Philippine %slands 2$P%3. <. 1ovember )), '+A-: &eliciano &eliciano and Cora7on Cere7o Cere7o donated /ots ' and 9 of their property to their son son ulogio. ;. 4arch 4arch );, '+A+: 4ercede 4ercedes s sold the property property in in issue in favor favor of her children children Delia Delia and esus esus $asa. A. une ), '+-9: &eliciano and Cora7on Cere7o donated /ot ) of the aforementioned aforementioned property property to their their children 0le Catalan, /ibrada Catalan and Benaida Catalan. -. &ebruary &ebruary ', '+-9: '+-9: &elicia &eliciano no and Cora7on Cora7on Cere7o Cere7o donated /ot to ulogi ulogio o and &lorida &lorida +. $P%, acting acting as &eliciano>s &eliciano>s guardian, guardian, filed a case for Declaration of of 1ullity of Documents, Recovery of Possession Possession and (wnership as well as damages against the a. %t also alleged alleged that the Deed Deed of 0bsolut 0bsolute e Donation Donation to 4ercedes was was void ab initio, initio, as &eliciano &eliciano never donated the property to 4ercedes b. e9en i# Fe&i6ian" %ad $& in$ended $" 7i9e $%e "e$ $" %e, $%e d"na$i"n :"&d !$i&& ;e 9"id, a! %e :a! n"$ "# !"nd
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iii. it should be !"n$ane"!. b. "he parties# intention must be clear and the attendance of a vice of consent, like any contract, renders the donation voidable. Bden "# "9in7 !6% in6aa6i$ e!$! "n $%e e!"n :%" a&&e7e! i$> i# n" !##i6ien$ ""# $" $%i! e##e6$ i! e!en$ed, 6aa6i$ :i&& ;e e!
s capacity to give consent at the time of the donation. a. there lies no doubt in the fact that insanity impinges on consent freely given in $%e 6a!e4 as early as '+-, &eliciano had been found to be suffering from schi7ophrenia by the $oard of 4edical (fficers of the Department of 5eteran 0ffairs. $y itself, %":e9e, $%e a&&e7a$i"n 6ann"$ "9e $%e in6"<e$en6e "# Fe&i6ian". a. $y nature of schi7ophrenia, &eliciano could still be presumed capable of attending to his property rights. b. it can be deduced that a person suffering from schi7ophrenia does not necessarily lose his competence to intelligently dispose his property. c. B
