JUAN P.

CABRERA vs HENRY YSAAC

Shaileen R. Macalino

FACTS:

Henry Ysaac is one of the owners of the land covered by OCT No 506 with an area of 5,517 sq meters. He leased out a portion of the property to
several lessees including Juan Cabrera who leased 96-sq meters portion of the land. Henry offered to sell the 95 sq meter lot Juan demurred
because the lot was too small for his needs. To deal with Juan’s needs Henry expanded the offer to include two adjoining lands which was then
leased by two families but warned that the sale could only proceed if the families would agree. Juan stated that he could only pay the full price
after his retirement, Henry agreed but demanded for an initial payment of 1,500.00 which Juan paid.

ISSUE:

Whether or not there was a valid contract of sale between petitioner and respondent.

RULING:

No. The object of the sales contract between petitioner and respondent was a definite portion of a co-owned parcel of land. At the time of the
alleged sale between petitioner and the respondent, the entire property was still held in common. This was evidence by the original certificate of
title which was still under the name of Henry Ysaac. The rules allow respondent to sell his undivided interest in the co ownership. However this
is not the object of sale, it was the sale of a definite portion. Even if it was respondent who was benefiting from the fruits of the lease contract to
petitioner, respondent has no right to sell or alienate a concrete, specific or determinate part of the thing owned by common. For the reason that
his right over the thing is presented by quota or ideal portion without physical adjudication.