Atty. Harriet R.

Linsangan – OBLIGATIONS

I. TITLE:

SISON & AZARRAGA (plaintiff-appellants) vs. BALGOS (defendant-appellee)

GR. No. 10305 | 5 September 1916

Judge Arellano

II. FACT / S:

Isidro Azarraga was guardian of certain minors. On May 17, 1910, the sheriff of Capiz sold at
public auction to Alejandro Balgos, a parcel of land belonging to said minors, with a period of
redemption to expire on May 17, 1911.

Isidro Azarraga died on May 2, 1911.

On May 17, 1911, Leodegario Azarraga deposited with the sheriff the sum of P141.12 to redeem
the land of said minors. Balgos, the purchase of the land, refused the redemption of the land.
Leodegario Azarraga, and Tomas Sison, guardian of the property of the said minors, requested the
court to order Alejandro Balgos to return the land by virtue of their redemption within the legal
period. Balgos argued that Azarraga could not redeem the land and could not represent the minors.
While Sison was not yet the guardian of the minor on the period of which redemption is to expire.
Trial court ruled in favor of Balgos in which the plaintiffs appealed.

III. ISSUE / S:

Whether or not Azarraga’s redemption of the land is valid

IV. RULING:

It is held that the land may be redeemed for Leodegario Azarraga took steps to redeem the land
and prevent the action of redemption to prescribed, in accordance with Art. 1888 of the Civil Code.
As the minors does not have the capacity to prevent prescription, Azarraga called upon the
guardian ad bona, Tomas Sison, to undertake the matter in addition to his own duties as guardian
for the persons of the minors.

V. DOCTRINE:

“That in all things God, May be Glorified”

 Atty. Harriet R. Linsangan – OBLIGATIONS

Negotiorum gestio; Art. 1888

“That in all things God, May be Glorified”