1) G.R. No.

L-10439 October 17, validly alienated the same to

1916 Faustino Abad.
Gan Tiangco vs. Silvino Pabinguit
2. WON Faustino Abad, who was a
minor at the time of the sale, had
Facts: validly acquired the subject
property and whether the
subsequent sale to Silvino
Candida Acabo was the owner of six parcels of Pabinguit was valid.
land which she sold on June 12, 1911 to Gan
Tingco for P500. But the latter was unable to take
possession of the six parcels of land sold to him by
Held:
Acabo, for they were in the possession of Silvino
Pabinguit, who alleges certain rights therein. He
1.Gardner was prohibited from acquiring the
claims to have purchased them for P375 from
ownership of Acabo's lands for being the justice of
Faustino Abad, a minor who is only 19 years old,
the peace at the time of the public auction.
son of Candida Acabo; that Abad had become their
owner through purchase from Henry Gardner; that
The appellant alleges that the property purchased
the latter, in turn, had owned them by reason of
by justice of the peace Gardner was not the subject
having purchased them for P555 at a public auction
of litigation in the justice court; that the action was
on March 20, 1907.
to recover a certain sum of money, and that he had
ordered the property sold on execution.
Henry Gardner, stated that the deputy sheriff had
executed in his favor a certificate of his purchase at
Judging from the legal precedents on which the
auction sale, but witness did not know where the
Civil Code is based, it would not seem too much to
document was and did not need it because he, in
conclude that the said article of the Civil Code does
turn, has sold everything he had purchased at that
not make any distinction between properties in
sale; that he was formerly justice of the peace of
litigation. In effect, it appears to be as delicate a
the municipality of Guijulngan, of Tayasan, and
matter for a judge to take part in the sale of
knew of a complaint by Silvestre Basaltos against
property that had been the subject of litigation in his
Candida Acabo; that afterwards when the auction
court, as to intervene in auction of property which,
was held, he took part therein, but that as he
though not directly litigated in his court, is
subsequently learned that he was forbidden to do
nevertheless levied upon and sold as the result of a
so, he sold what he had purchased to Faustino
writ of execution issued by him. What the law
Abad, Candida Acabo's son, who was but a boy at
intends to avoid is the improper interference with an
the time; that the writ of execution was returned to
interest of a judge in a thing levied upon and sold
him and he made a record of that matter; that he
by his order.
had it in the justice of the peace court and left it
there when he ceased to hold office, in 1909.
If under the law Gardner was prohibited from
acquiring the ownership of Acabo's lands, then he
Candida Acabo testified that Alejandro Sanchez,
could not have transmitted to Faustino Abad the
while sheriff of Tayasan, did not take possession of
right of ownership that he did not possess. What
her lands by reason of the levy; that the only
Gardner should have done in view of the fact that
property which he levied upon was four carabaos,
the sale, as he finally acknowledged, was void, was
and she did not know whether they had been sold
to claim the price that had been deposited in court,
at auction; and that Sanchez had not told her that
and the justice of the peace of Guijulngan should
the lands had been levied upon, or that they had
have declared the auction void and have ordered a
been sold at auction.
new sale to be held, besides correcting the errors
that had been committed in the proceedings
Issues:
1. WON Henry Gardner had validly 2. With respect to the sale made by Faustino
acquired the subject property Abad to Silvino Pabinguit, that Abad was a
through the public auction and minor at the time — a circumstance that
deprived him of capacity to sell (Civil Code, art.
1263). Abad had no ownership to transmit to
anyone and, besides, he had no personality to
enable him to contract by himself, on account
of his lack of legal age.