ArticuLaw Primo

Espinosa v. de Aquino,

103 Phil 195

 

 

žFacts:

 

   Julia Espinosa instituted a special   proceeding for the declaration of her sister,   Inocencia Espinosa, incompetent and the   latter’s properties be put into the former’s   guardianship.

 

    Julia alleged Inocencia Espinosa, who was 99 yrs.   old, and married to a 40 yr. old Vicente Figueroa,   was incompetent to manage her properties, and   the her marriage to Vicente was vitiated by   fraud or deceit.

 

    Inocencia and Vicente countered the allegation   saying that Inocencia, though 99   yrs. of age, her   age did not affect her mental faculties and   judgment.

 

   However, the court denied the petition of   Julia, and declared Inocencia to be   incompetent, naming Vicente as guardian   over her person and property.

 

     Inocencia filed a motion for reconsideration   to the lower court. But the same was   denied. Subsequently, Inocencia filed an   appeal bond for the approval of her record   on appeal. But the same was denied on the   ground that appointment of guardian is an   interlocutory order     

 

 

Issue:

 

Whether or not the lower court is correct in denying her record on appeal

 

 

žRuling:

 

   No, a person declared by final judgment or order to be incompetent has the right to appeal therefrom although just like any other right, same may be waived, as when such person consents thereto in writing. (Garcia vs. Sweeney, 5 Phil., 344.)

 

    The subsequent filing by Inocencia Espinosa of a notice of appeal with prayer for that approval of appeal bond and record on appeal unmistakably leads to the conclusion that she does not share her husband's view of stand. We have to recognize the fact that no one could not be more interested in sustaining his competency to manage his properties than that person himself, and as the manifestation of a husband cannot be given effect as to wrest from the wife her right to appeal in the absence of an express consent thereto in writing or evidence of her aminability to an order declaring her an incompetent.

 

    We see no reason why Inocencia Espinosa cannot be allowed to perfect her appeal.