DE PUA V.

SAN AGUSTIN
Facts: Sps. Enrique and Maximina Navarro died leaving their children as heirs. One of which is
Leonora Navarro, who is under the guardianship of Eldegares de Pua. In the settlement of the
estate, Leonora was awarded Lots 634-A, 632 and 633. Later on, de Pua filed a petition with the
guardianship court praying for authority to sell Lot 634-A for the maintenance of the insane and
her children which was granted and was sold to Justiniano San Agustin. Another petition days
later was again filed for authority to sell Lots 632 and 633 which was denied by the Court.
However, even before the authority to sell was granted, the lots were already sold to San Agustin.
The other co-heirs of Leonora learned that Lots 632 and 633 consisted of 11 hectares and not 1.5
so a Supplemental Project of Partition was made, which among others, confirmed the transfer of
rights to San Agustin. De Pua filed a motion to return the amount of P7, 375, the amount
advanced by San Agustin in exchange for return of possession of the lots to the guardianship
which was approved by the court. San Agustin then moved to confirm the transfer of rights to
him which was granted by court hence the case at bar.
Issue: W/N the order confirming the sale to San Agustin was correct
Held: NO. Under Rule 95, the properties of Leonora could be sold only under authority of the
guardianship court. Without such authority any sale would necessary be illegal. Though the other
heirs confirmed the sale of Lots 632 and 633 in the Supplemental Project of Partition, it did not
confer upon De Pua the power to dispose the lots in question without prior permission from the
guardianship court. The probate court has no jurisdiction to authorize sale of any property
belonging to an heir who is under guardianship without first requiring the guardian to secure the
corresponding authority from the guardianship court. The probate likewise has no power to
effectively approve a sale of an heir-ward which had actually been disapproved by the
guardianship court.