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SUCCESSION DIGEST PRELIM – #9 [Constitutional Provision

]

ISSUE 2: W/N the 2nd sale to DF Esperanza of ½ of the land
was valid – YES

[G.R. No. L-5064. February 27, 1953.]
RULING:
BIENVENIDO A. IBARLE, Plaintiff-Appellant, v. ESPERANZA,
M. PO, Defendant-Appellee.
FACTS:

Sale to Spouses Canoy

• Leonard and Catalina were husband and wife.

• Article 657 of the Old CC [now Art. 777 NCC] provides:

• June 6, 1946: Leonard died as his heirs his surviving spouse and
some minor children.
• Leonard left a parcel of land which is a conjugal property.

“The rights to the succession of a person are transmitted
from the moment of his death”
• When Catalina sold the entire parcel to the Spouses Canoy, ½ of
it already belonged to Catalina’s [seller’s] children.

• April 15, 1946: Surviving spouse Catalina sold the entire parcel of
land to the Spouses Canoy, needing it for the support of her
children

• No formal or judicial declaration is being needed to confirm the
children’s title.

• May 24, 1947: Spouses Canoy sold the same land to PF
Bienvenido

• Thus, the first sale was null and void because it included the
children’s share.

• The 2 deeds of Sale have never been registered
Manresa, commending on article 657 of the Civil Code of
Spain, says:
• January 17, 1948: SS Catalina sold ½ of the same land to DF
Esperanza, which portion belongs to their children, after her
appointment as guardian of her children

ISSUE 1: W/N the 1st sale to Spouses Canoy was valid - NO

“The moment of death is the determining factor
when the heirs acquire a definite right to the inheritance,
whether such right be pure or contingent.

2. NECESSITY OF REGISTRATION OF SALE.It is immaterial whether a short or long period of time lapses between the death of the predecessor and the entry into possession of the property of the inheritance because the right is always deemed to be retroactive from the moment of death. whether such right be pure or contingent. FROM MOMENT OF DEATH. ID. • No registration is needed.” Sale to Defendant Esperanza • The sale to the DF having been made by authority of the competent court was legal and effective. TRANSMISSION TO HEIRS. 1. DESCENT AND DISTRIBUTION.. — • The moment of death is the determining factor when the children of a decedent acquire a definite right to the inheritance. — Spouses Canoy has the right to bring an action against Catalina as may be appropriate for such damages as they may have incurred by reason of the voiding of the sale. still the non-registration would not avail the PF because it was due to no other cause than his own opposition. WITH COURT’S AUTHORITY. . Sale made by the widow of the decedent’s property after his death is null and void so far as it included the children’s share. SALE OF DECEDENT’S PROPERTY. • No formal or judicial declaration is needed to confirm the children’s title. SYLLABUS • Sale made of decedent’s property with authority of the competent court is legal and effective even if not registered. SALE MADE BY WIDOW OF DECEDENT’S PROPERTY. If registration were necessary.