Title
Acebedo vs. Abesamis
Case
G.R. No. 102380
Decision Date
Jan 18, 1993
Heirs of Felix Acebedo disputed sale of estate properties; probate court approved conditional sale, upheld heirs' right to dispose shares.

Case Summary (G.R. No. 102380)

Key Dates and Procedural Milestones

October 4, 1989: heirs filed Motion for Approval of Sale (conditional sale to Yu Hwa Ping for P12 million; P6 million paid as earnest money and distributed among heirs). October 30, 1989 and subsequent: petitioners sought time to solicit higher offers. February–April 1990: administrator filed criminal and civil actions contesting notarization and seeking nullity of the sale instruments. August 17, 1990: trial court initially denied approval of the heirs’ motion and granted leave to mortgage some estate properties. January–March 1991: further conferences and negotiations culminated in the March 29, 1991 order approving the conditional sale and directing the administrator to sell remaining portions to the same buyer. April 4, 1991: buyer deposited balance. Motions for reconsideration were denied (August 23, 1991; October 17, 1991). Petition for certiorari followed.

Factual Background of the Proposed Sale

Several heirs executed a Deed of Conditional Sale covering certain titled lots (TCT Nos. 155569, 120145, 9145, 18709) in Quezon City in favor of Yu Hwa Ping for P12 million; P6 million was paid as earnest money and already distributed among the heirs. The heirs represented that the remaining P6 million could satisfy outstanding estate obligations. The sale instrument was conditional on court approval. Petitioners (two heirs and the administrator) opposed approval, alleging unauthorized, low-priced disposals by some heirs, alleged falsification of the administrator’s signature on the deed, and asserted alternative proposals (court-authorized sale by administrator, mortgage, or division).

Contentions of the Administrator/Petitioners

The administrator (Herodotus) asserted: (1) some heirs sold estate realty without administrator knowledge or court approval and at a shockingly low price; (2) the deed bore a signature attributed to the administrator that prompted a criminal complaint for falsification and revocation of the notarial act; (3) the administrator sought court authorization to pursue sale or mortgage at the best obtainable price subject to court approval, and proposed dividing the estate among heirs if sale was premature given political and market conditions; and (4) repeated requests for time to find a better purchaser were made but ultimately unsuccessful.

Trial Court Proceedings and Orders

The trial court initially denied the heirs’ motion to approve the sale (Order of August 17, 1990) while granting leave to mortgage some properties. After further conferences and continued negotiation among parties, the trial court issued an order on March 29, 1991: (1) approving the conditional sale dated September 10, 1989 by the heirs to Yu Hwa Ping; (2) ordering the administrator to sell the remaining portions of the subject properties to the same buyer at the same price; (3) directing the buyer to deposit the remaining purchase balance within twenty days; and (4) denying a motion to cite the former administrator in contempt. The buyer deposited P6,500,000 on April 4, 1991. Petitioners filed motions for reconsideration which were denied; execution of the March 29, 1991 order was later requested by private respondents.

Controlling Legal Issue

Whether a probate (trial) court, acting in its capacity over an estate under administration, has jurisdiction to approve a Deed of Conditional Sale executed by heirs (prior to a final adjudication or partition) and to order the estate administrator to sell remaining portions of the property in favor of the same purchaser, despite the sale having been executed by heirs without prior court approval.

Court’s Holding

The Supreme Court answered the issue in the affirmative: the probate court acted within its jurisdiction in approving the conditional sale executed by the heirs and in ordering the administrator to sell the remaining portions of the properties. The certiorari petition challenging that exercise of probate jurisdiction was dismissed for lack of merit.

Reasoning — Probate Court Authority and Jurisdiction

The Court relied on precedent (notably Dillena v. Court of Appeals, 163 SCRA 30 (1988)) holding that a probate court has authority to approve the sale of properties of a decedent by prospective heirs before final adjudication; such matters fall within the probate court’s jurisdiction and need not be litigated in a separate action. Although the Rules of Court do not expressly enumerate every instance in which the court must approve sale of immovable estate property in a special proceeding, the power to authorize or approve such dispositions is necessarily included in the court’s probate jurisdiction and administration of estates.

Reasoning — Heirs’ Substantive Rights to Dispose of Ideal Shares

The Court emphasized that while judicial approval is required for the validity of dispositions affecting the decedent’s estate in administration (per Section 7, Rule 89), that requirement does not eliminate or adversely affect an heir’s substantive right to alienate his ideal share in commonly held inheritance property. The Civil Code principle invoked is that, upon acceptance of the inheritance, possession of hereditary property is transmitted to heirs (Article 533), creating an undivided owners

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