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PHIL, TRUST CO. v.

ROLDAN
FACTS:
Mariano Bernardo, a minor, inherited, among others, 17 parcels of land from his deceased father.
Soccoro Roldan was appointed as his guardian. Soccoro sought and was granted authority to sell the lots
to her brother-in-law Ramos for P 14,700.00. Very shortly after, Ramos sold back to Soccoro the same
properties for P 15,000.00. She then sold 4 parcels to Emilio Cruz. Phil. Trust Co. replaced Soccoro as
guardian and sought to annul all the aforesaid sales.

ISSUE:
W/N the sale to Ramos was valid

HELD:
Guardianship is a trust of the highest order. In this case, for all intents and purposes, it was as if Soccoro
herself purchased the properties of her ward. This falls w/in the prohibition under Art. 1459 of the Civil
Code. She indirectly sold the properties to herself. The same applies even though there was no actual
malice or collusion proven. Since the sale to Soccoro was null and void, it only follows that the sales
made by Soccoro to Cruz were likewise void. One cannot sell what is not his property.

Soccoro tried to correct the problem by allowing Mariano to re-purchase the said properties for P
15,000.00. However, the child would still be at a losing end because it would not entitle him to the fruits
of the property during the time when he was not in possession thereof. The SC thus, ordered the sales
annulled.