Case Digest (G.R. No. L-14429)
Facts:
- Ramon Mercado and Basilia Mercado, along with her husband Francisco Ronquillo, are the plaintiffs and appellants.
- Pio D. Liwanag is the defendant and appellee.
- The case stems from a decision by the Court of First Instance of Rizal (Quezon City) on June 30, 1962.
- The plaintiffs aimed to annul a Deed of Sale dated July 14, 1956, concerning a parcel of land in Kangkong, Quezon City.
- The land, covered by Transfer Certificate of Title No. 20805, measures 4,392 square meters and is co-owned by Ramon and Basilia Mercado.
- The plaintiffs claimed the sale was executed without Basilia Mercado's knowledge and consent.
- The Deed of Sale indicated Ramon sold half of the property to Pio D. Liwanag for P15,372.00 at P7.00 per square meter.
- It was revealed that 391 square meters of the property had been expropriated by the National Power Corporation before the sale, a fact unknown to Liwanag until the registration of the Deed.
- A new title (TCT No. 32757) was issued in the names of Pio D. Liwanag and Basilia Mercado as co-owners pro-indiviso.
- The plaintiffs argued the sale was invalid under Article 493 of the Civil Code, which addresses co-owners' rights regarding property alienation.
- The trial court dismissed the complaint, ruling the sale valid under the Civil Code.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the trial court's decision, declaring the Deed of Sale valid under Article 493 of the Civil Code.
- The Court determined that any error regarding the consideration of fraud was not prejudici...(Unlock)
Ratio:
- The Supreme Court explained that under Article 493 of the Civil Code, each co-owner has the right to dispose of their undivided share of the property.
- The Court clarified that while a co-owner cannot sell a specific portion of the property by metes and bounds, Ramon Mercado's sale of a divided half was valid as it represented an undivided share.
- The new title issued post-sale confirmed that Liwanag acquired an undivided half-share, which Mercado was entitled to sell.
- The Court emphasized that the title...continue reading
Case Digest (G.R. No. L-14429)
Facts:
The case involves Ramon Mercado and Basilia Mercado, joined by her husband Francisco Ronquillo, as plaintiffs and appellants against Pio D. Liwanag, the defendant and appellee. The appeal arises from a decision made by the Court of First Instance of Rizal (Quezon City) on June 30, 1962. The plaintiffs sought to annul a Deed of Sale executed on July 14, 1956, in Manila, which involved a parcel of land located in Kangkong, Quezon City. The land, covered by Transfer Certificate of Title No. 20805, had an area of 4,392 square meters, co-owned by Ramon and Basilia Mercado. The plaintiffs contended that the sale was executed without the knowledge and consent of Basilia Mercado, who was a co-owner.
The Deed of Sale indicated that Ramon Mercado sold a divided half of the property to Pio D. Liwanag for a total of P15,372.00, at a rate of P7.00 per square meter. However, it was revealed that 391 square meters of the property had been expropriated by the National Power Corporation prior to the sale, a fact that Liwanag only learned upon the registration of the Deed of Sale. Following the sale, a new title (TCT No. 32757) was issued in the names of Pio D. Liwanag and Basilia Mercado as co-owners pro-indiviso. The plaintiffs argued that the sale was invalid under Article 493 of the Civil Code, which governs the rights of co-owners r...