TOPIC: PROPERTY

EUFEMIA PAJARILLO V INTERMEDIATE APPELLATE COURT

GR NO. 72908
DATE PROMULGATED: AUGUST 11, 1989
PONENTE: JUSTICE CRUZ
Question:   

         May the wishes of Perfecta to donate the property to Salud be validly

executed by Felipe and Juana her forced heirs?

Answer:

Yes, Felipe and Juana as forced heirs of Perfecta are now co-owners
who are free to give the land whomever they pleased and for whatever
reason they saw it hence there was no legal impediment when they chose to
respect Perfecta’s wishes and carry out her intentions by donating the land to
Salud which not only legal but moral thing to do, so much so, the sale of land
to Claudio has no legal effect because Juana is no longer the owner of the
land but Salud.