Title
Acebedo vs. Abesamis
Case
G.R. No. 102380
Decision Date
Jan 18, 1993
The case of Acebedo v. Abesamis involves a dispute over the jurisdiction of the probate court to approve a Deed of Conditional Sale executed by heirs of a deceased person and the court's authority to order the sale of the remaining properties without prior approval, with the Supreme Court ruling in favor of the respondents and upholding the jurisdiction of the probate court.
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Case Digest (G.R. No. 102380)

Facts:

  • In "Acebedo v. Abesamis" (G.R. No. 102380), decided on January 18, 1993, petitioners Herodotus P. Acebedo and Demosthenes P. Acebedo contested the probate court's jurisdiction in approving a Deed of Conditional Sale.
  • The estate of Felix Acebedo, valued at approximately P30 million and consisting of several real estate properties in Quezon City and Caloocan City, had been pending in court for sixteen years.
  • On October 4, 1989, the heirs, including the petitioners and private respondents, filed a motion to approve the sale of certain properties to Yu Hwa Ping for P12 million, with P6 million already received as earnest money.
  • The petitioners opposed the sale, arguing it lacked prior court approval and that the sale price was too low.
  • Despite several extensions to find a higher bidder, the petitioners failed to do so, and the probate court approved the conditional sale on March 29, 1991.
  • The petitioners filed multiple motions for reconsideration, all of which were denied.
  • Consequently, the petitioners filed a Petition for Certiorari, questioning the probate court's jurisdiction and the validity of the sale.

Issue:

  • (Unlock)

Ruling:

  1. Yes, the probate court has jurisdiction to approve the Deed of Conditional Sale executed by the heirs.
  2. Yes, the probate court can order the admi...(Unlock)

Ratio:

  • The Supreme Court upheld the jurisdiction of the probate court to approve the sale of properties of a deceased person by his prospective heirs before final adjudication, referencing the case of Dillena vs. Court of Appeals.
  • The Court clarified that although the Rules of Court do not explicitly require court approval for the sale of immovable property in a decedent's estate, such authority is inherently included in the probate court's jurisdicti...continue reading

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