Title
Suarez vs. Court of Appeals
Case
G.R. No. 94918
Decision Date
Sep 2, 1992
Siblings challenged auction sale of co-owned land to satisfy mother’s debt; SC ruled only mother’s share could be levied, protecting their legitime.

Case Summary (G.R. No. 94918)

Key Dates

• 1955 – Death of Marcelo Suarez; estate remained unpartitioned.
• 1977 – Final judgment against Teofista Suarez (widow) and Rizal Realty Corp. for P70,000 damages.
• June 24, 1983 – En masse levy and auction sale of all five parcels; private respondents bid P94,170.
• August 1, 1983 – Registration of Certificate of Sale.
• June 21, 1984 – Petitioners file reinvindicatory action (RTC Civil Case No. 51203).
• February 25, 1985 – RTC issues preliminary injunction.
• May 29, 1986 – Branch 155 dismisses complaint for failure to prosecute; later lifted June 10, 1987.
• July 27, 1990 – Court of Appeals grants certiorari, annuls injunction orders, and dismisses Civil Case No. 51203.
• September 2, 1992 – Supreme Court decision reversing the Court of Appeals.

Procedural History

Following the 1977 judgment against their mother, the five patrimonial lots co-owned by the petitioners were levied in 1983 and sold en masse. Petitioners promptly initiated a reinvindicatory action to annul the sale as strangers to the underlying judgment and co-owners whose interest could not be attached in full. The RTC granted a preliminary injunction but later dismissed the case for alleged failure to prosecute. Upon reinstatement by motion, respondents secured an appellate certiorari relief annulling the injunctions and ordering dismissal. The petition to the Supreme Court challenged the Court of Appeals’ annulment of procedural safeguards protecting the petitioners’ proprietary interests.

Legal Issue

Whether the entire interest of co-owners (petitioners) may be levied and sold to satisfy a judgment exclusively binding on the surviving spouse’s half-share, and whether petitioners—being co-owners and strangers to the original suit—retain standing to annul the auction sale as to their own undivided shares.

Applicable Law

1987 Constitution (property rights and due process guarantees)
Civil Code (pre-1987 provisions):
• Article 777 – Transmission of succession rights upon death.
• Article 888 – Legitimate children’s legitime equals one-half of the hereditary estate; the decedent may dispose of the remaining half.
• Article 892(2) – Surviving spouse’s legitime equals that of each legitimate child.

Supreme Court Ruling

  1. Only the half-share of the estate subject to the decedent-mother’s disposable portion could be levied; petitioners’ one-half undivided interest was immune from execution against the mother alone.
  2. Petitioners’ proprietary

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