Title
Aliasas vs. Alcantara
Case
G.R. No. 5628
Decision Date
Aug 22, 1910
Heirs contested sale of undivided property by co-owner; court nullified sale for plaintiffs' shares, upheld only seller's portion, and restored possession.
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Case Summary (G.R. No. 5628)

Legal Principles on Co-ownership and Possession

  • The possession of an estate by one heir does not confer any rights over the property that would affect the rights of other coheirs.
  • Such possession is understood to be exercised on behalf of all coheirs, maintaining the pro indiviso status of the property.
  • The rights of coheirs remain intact, and possession by one does not lead to prescription against the others.

Invalidity of Transfers by Heirs

  • An heir in possession cannot sell or transfer the entire property without the consent of the other coheirs.
  • Any sale or transfer made by an heir that affects the rights of coheirs is deemed null and void.
  • All heirs inherit the rights and obligations of the deceased by virtue of their relationship, and a partition is necessary to confer exclusive ownership.

Requirements for Legal Partition

  • A legally executed partition is essential to establish exclusive ownership of property among heirs.
  • Such partition must be duly proven to alter the pro indiviso character of the property.
  • Without a valid partition, the property remains undivided and co-owned.

Factual Background of the Case

  • The plaintiffs, Bernarda Aliasas et al., claimed ownership of a lot and house in La Laguna, acquired during the marriage of Bernarda and her deceased husband, Doroteo Alinea.
  • Upon Doroteo's death, the property was to be divided among Bernarda and their children, but it remained undivided.
  • Ambrosio Alinea, one of the heirs, sold the property to Pedro Alcantara without the consent of the other heirs, prompting the lawsuit.

Defendants' Claims and Court Proceedings

  • The defendants denied the plaintiffs' claims and argued that the plaintiffs had acknowledged Ambrosio's ownership of the property.
  • Ambrosio Alinea later distanced himself from the sale, stating he had no interest in defending the case.
  • The trial court ruled the sale null and void concerning the plaintiffs' rights, validating it only for a portion of the property.

Appeal and Modification of Judgment

  • Pedro Alcantara appealed the trial court's decision, seeking a new trial based on alleged errors in the findings.
  • The court modified its judgment, affirming the sale's nullity concerning the majority of the property while allowing Alcantara to possess a smaller portion until further rights were determined.

Examination of Ownership and Rights

  • The property was acquired during the marriage of Doroteo Alinea, thus belonging to his widow and heirs.
  • The rights of succession are automatic upon death, and the heirs inherit a...continue reading

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