LAW ON SUCCESSION | JOKOSALEM VS. RAFOLS, G.R. NO. 48372, JULY 24, 1942

JOKOSALEM VS. RAFOLS,

G.R. NO. 48372, JULY 24, 1942

 

TOPIC/DOCTRINE

In the case of Ramirez vs, Bautista, 14 Phil. 528, where some of the heirs, without the concurrence of the others, sold a property left by their deceased father, this Court, speaking thru its then Chief Justice Cayetano Arellano, said that the sale was valid, but that effect thereof was limited to the share which may be allotted to the vendors upon the partition of the estate.

 

FACTS

The land in question described in the appealed in the decision originally belonged to Juan Melgar. The latter died at the judicial administration of his estate was commenced in 1915 and came to a close on December 2, 1924, only. During the pendency of the said administration, that is, on July 5, 1917, Susana Melgar, daughter of the deceased Juan Melgar, sold the land with the right of repurchase to Pedro Cui, subject to the stipulation that during the period for the repurchase she would continue in possession of the land as lessee of the purchaser. On December 12, 1920, the partition of the estate left by the deceased Juan Melgar was made, and the land in question was adjudicated to Susana Melgar. In 1921, she conveyed, in payment of professional fees, one-half of the land in favor of the defendant-appellee Nicolasa Rafols, who, entered upon the portion thus conveyed and has been in possession thereof up to the present. On July 23, 1921, Pedro Cui brought an action to recover said half of the land from Nicolas Rafols and the other half from the other defendants, and while that case was pending, or about August 4, 1925, Pedro Cui donated the whole land in question to Generosa Teves, the herein plaintiff-appellant. After trial, the lower court rendered a decision absolving Nicolas Rafols as to the one-half of the land conveyed to him by Susana Melgar, and declaring the plaintiff owner of the other half but express acknowlegment of the other defendants. The plaintiff appealed from that part of the judgment which is favorable to Nicolas Rafols.

 

ISSUE

Whether the sale made by an heir of his share in an inheritance, subject to the result of the pending administration is valid.

 

RULING

Yes.

The court ruled that in the case of Ramirez vs, Bautista, 14 Phil. 528, where some of the heirs, without the concurrence of the others, sold a property left by their deceased father, this Court, speaking thru its then Chief Justice Cayetano Arellano, said that the sale was valid, but that effect thereof was limited to the share which may be allotted to the vendors upon the partition of the estate.

It results therefore that the sale made by Susana Melgar in favor of Pedro Cui was valid, but it would be effective only as to the portion to be adjudicated to the vendor upon the partition of the property left by her deceased father Juan Melgar. And as on December 12, 1920, upon the partition of said property, the land in question was adjudicated to Susana Melgar, the sale of the whole land which the latter made in favor of Pedro Cui was entirely confirmed.







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