Title
Jakosalem vs. Rafols
Case
G.R. No. 48372
Decision Date
Jul 24, 1942
Susana Melgar sold land to Pedro Cui during estate administration; later, she invalidly conveyed half to Nicolas Rafols. Supreme Court ruled Generosa Teves (Cui’s donee) had superior rights, invalidating Rafols’ claim and ordering land delivery and damages.

Case Summary (G.R. No. 48372)

Sale of Property During Judicial Administration

In July 1917, during the estate's judicial administration, Susana Melgar sold the land with a right of repurchase to Pedro Cui. The arrangement stipulated that she would remain in possession of the land as a lessee. Following this, the estate was partitioned on December 12, 1920, adjudicating the land to Susana Melgar. Subsequently, in 1921, she transferred half of the land to Nicolas Rafols in payment for professional fees. This transfer raised significant legal implications regarding the validity of the sales under judicial oversight.

Legal Proceedings and Initial Rulings

On July 23, 1921, Pedro Cui sought to recover the land from Rafols and other parties. However, while the action was pending, he donated the entire land to Generosa Teves. The lower court ultimately ruled in favor of Rafols concerning the half he received from Susana Melgar, reasoning that the initial sale to Cui was void owing to the land being under judicial administration. This ruling was contested by Teves.

Analysis of Judicial Administration and Sale Validity

The court reasoned that while properties in judicial administration cannot be levied against, an heir may still sell their rights or interests in the property despite the ongoing administration. Article 440 of the Civil Code supports that possession of hereditary property transfers to heirs immediately upon the decedent’s death when an inheritance is accepted. Consequently, Manresa clarifies that heirs become undivided owners of the entire estate concerning their respective portions, thereby allowing sales of interests.

Precedents and Implications for Heir Sales

The ruling references the case Ramirez vs. Bautista, which established that such sales, while valid, become effective only for the vendor's allocated share upon estate partition. The court concluded that Susana Melgar’s sale of the land to Pedro Cui was valid and would apply to the portion awarded to her in the estate partition executed on December 12, 1920. Consequently, once the sale to Cui was confirmed, any subsequent transfer to Rafols was rendered void.

Preference of Possession as a Legal Principle

In land disputes where two sales occur without registration, possession plays a crucial role in determining legal ownership. Since Pedro Cui was the first to possess the land following confirmation of his purchase in December 1920, he held a preferential claim over Nicolas Rafols, who entered possession only in 1921. Thus, Rafols could not claim adverse possession against Cui, who had initiated legal action earlier, preserving his rights to possess and enjoy the property.

Damages and Legal Repercussions

The court also recognized that Rafols unjus

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