ArticuLaw Primo

March 31, 1902 G.R. No. 445

Martinez v. Martinez

 

Facts: 

    The case is an action for the declaration of prodigality of a certain Francisco Martinez instituted by his own son, Pedro Martinez. 

    In his complaint, Pedro Martinez alleges that his father has been dissipating and squandering his estate by making donations to his second wife, as well as the administration of his estate.  The father denied such allegations, instead, he posted that his son was actually mismanaging and misappropriating the property of the estate.

 

 

Issue: 

Whether or not the father’s actions constitute prodigality

 

 

Ruling:

     No. Inasmuch as the law is silent on the exact definition of what prodigality is, it may be said that the acts of prodigality must show a morbid state of mind and a disposition to spend, waste, and lessen the estate to such an extent as is likely to expose the family to want of support, or to deprive the forced heirs of their undisposable part of the estate.  The evidence presented was insufficient to support the son’s allegations against his father.  There was no evidence to show his father has been transferring by sale or mortgage any property, which will reflect in the city record of public deeds.  The court found the defendant is far from being prodigal, and is still in the full exercise of his faculties and still possess the industry, thrift and ability in managing the estate.