CIVIL LAW REVIEW 1 (LEGARDA)

215 HEIRS OF GO V. SERVACIO

GR 157537, Sep. 7, 2011
Topic: DEATH, FC 103 CF RULE 73 SEC. 12 ROC
Doctrine: The disposition by sale of a portion of the
conjugal property by the surviving spouse without the
prior liquidation mandated by FC 130 is not necessarily
void, if said portion has not yet been
judicially/extrajudicially partitioned to another heir of
the deceased spouse.

FACTS:
 Husband & Wife Protacio Sr. and Marta owned a
17,140 sq. parcel in Leyte
 Marta died; thereafter Protacio Sr. sold a portion of
the property to Servacio in 1999
 2 years later, Protacio Sr. et al. sought the return of
the property and annulment of the prior sale
 According to Protacio Sr., the sale was void because
the portion sold to Servacio formed part of Protacio
Sr. and Marta’s conjugal property
 As conjugal property, there must have been
liquidation prior to any sale; otherwise such sale
would be void.

ISSUE: Does a sale of conjugal property by the surviving

spouse, without prior liquidation, render the sale void?

HELD: NO.
 The disposition by sale of a portion of the conjugal
property by the surviving spouse without the prior
liquidation mandated by Article 130 of the Family
Code is not necessarily void if said portion has not
yet been allocated by judicial or extrajudicial
partition to another heir of the deceased spouse.
 When the wife Marta died, an implied ordinary co-
ownership ensued among Protacio, Sr. and the other
heirs of Marta with respect to her share in the assets
of the conjugal partnership pending a liquidation
following its liquidation.
 Hence, the sale was not necessarily void, but was
was sold was merely the co-owners’ right to the
undivided interest in the property.
 (Furthermore, FC 105 provides the the rules on
dissolution of the conjugal partnership is without
prejudice to vested rights already acquired. In this
case, such vested rights were already acquired by
Servacio upon buying the share of the property.)