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Leonardo Vs CA

Petitioner Restituta Leonardo challenged the validity of an extrajudicial partition of estate she signed, claiming her consent was obtained through deception. Private respondents are the illegitimate children of Tomasina Paul and Jose Sebastian. Restituta signed documents written in English without reading them and without translation, upon being assured by Corazon Sebastian that she would receive her legitimate share. However, when her husband arrived to translate, Corazon and the others had left without leaving a copy. The court found Restituta's consent was not given voluntarily as the documents were not explained to her in her language, Pangasinan dialect, and she could not understand their contents due to her limited education.

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90 views1 page

Leonardo Vs CA

Petitioner Restituta Leonardo challenged the validity of an extrajudicial partition of estate she signed, claiming her consent was obtained through deception. Private respondents are the illegitimate children of Tomasina Paul and Jose Sebastian. Restituta signed documents written in English without reading them and without translation, upon being assured by Corazon Sebastian that she would receive her legitimate share. However, when her husband arrived to translate, Corazon and the others had left without leaving a copy. The court found Restituta's consent was not given voluntarily as the documents were not explained to her in her language, Pangasinan dialect, and she could not understand their contents due to her limited education.

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amareia yap
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Leonardo vs CA (1988)

FACTS:

Petitioner Restituta Leonardo is the only legitimate child of the late Sps. Tomasina Paul and Balbino
Leonardo. Private respondents Teodoro, Victor, Corazon, Piedad, et. al, all surnamed Sebastian, are
the illegitimate children of Tomasina with Jose Sebastian after she separated from Balbino Leonardo.

In 1988, private respondent Corazon Sebastian with her niece and a certain Bitang, came to Restituta’s
house to persuade her to sign a deed of extrajudicial partition of the estate of Tomasina Paul and Jose
Sebastian. Before signing the document, Restituta allegedly insisted that they wait for her husband Jose
Ramos so he could translate the document which was written in English. Subsequently, she proceeded
to sign the document even without her husband and without reading the document, on the assurance of
private respondent Corazon that she will get her share as a legitimate daughter. Petitioner then asked
private respondent Corazon and her companions to wait for her husband so he could read the document.
When petitioner’s husband arrived, however, private respondent Corazon and her companions had left
without leaving a copy of the document. It was only when petitioner hired a lawyer that they were able
to secure a copy and read the contents thereof.

Petitioner refuted private respondents’ claim that they were the legitimate children and sole heirs of Jose
Sebastian and Tomasina Paul since the latter were never married to each other, thus, the extrajudicial
partition was therefore unlawful and illegal. Petitioner also claimed that her consent was vitiated because
she was deceived into signing the extrajudicial settlement. She further denied having appeared
before a Judge of MTC of Urbiztondo, Pangasinan to acknowledge the execution of the extrajudicial
partition.

ISSUE:
Whether the consent given by petitioner to the extrajudicial settlement of estate was given voluntarily.

HELD:
No. Contracts where consent is given by mistake or because of violence, intimidation, undue influence
or fraud are voidable. These circumstances are defects of the will, the existence of which impairs the
freedom, intelligence, spontaneity and voluntariness of the party in giving consent to the agreement. In
determining whether consent is vitiated, Courts are given a wide latitude in weighing the facts
considering the age, physical infirmity, intelligence, relationship and the conduct of the parties at the
time of making the contract and subsequent thereto, irrespective of whether the contract is in a public
or private writing.

In this case, private respondents failed to offer any evidence to prove that the extrajudicial settlement
of estate was explained in a language known to the petitioner, i.e. the Pangasinan dialect. Clearly,
petitioner, who only finished Grade 3, was not in a position to give her free, voluntary and spontaneous
consent without having the document, which was in English, explained to her in the Pangasinan dialect.

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