March 31, 1902 | G.R. No. 445
Pedro Martinez Ilustre, plaintiff and appellant
Francisco Martinez, defendant and appellee
FACTS:
Pedro Martinez Ilustre filed for an appeal before the SC after the CFI dismissed his petition to declare his father, Francisco Martinez, a prodigal. Pedro claimed that due to his father's advanced age, he no longer had control of his mental faculties and that he was squandering his wealth by giving it away to his second wife.
ISSUE:
Whether or not Francisco Martinez is a prodigal.
HELD:
No. Prodigality cannot be determined in objective terms. Rather, it can only be inferred when a person's acts 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.
In the case at hand, Francisco Martinez was deduced by the court of having full control of his mind: he still managed to earn a profit and no transfer of property was found in the record of public deeds. In fact, the entire proceeding was rooted in Francisco's revocation of the power of attorney awarded to his son Pedro to manage his estate after the latter was found to have a propensity to be a prodigal himself.
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Rule 92, Section 2, Rules of Court: "wanton waste of one's estate; without regard for family, exposing them to want and depriving inheritance; morbid state of mind and disposition to spend"