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NILO A. MERCADO v. CA

This case has been cited 2 times or more.

2014-07-30
PEREZ, J.
Pursuant to this law, a co-owner has the right to alienate his pro­indiviso share in the co-owned property even without the consent of his co-­owners.[23] This right is absolute and in accordance with the well-settled doctrine that a co-owner has a full ownership of his pro-indiviso share and has the right to alienate, assign or mortgage it, and substitute another person for its enjoyment.[24]  In other words, the law does not prohibit a co-owner from selling, alienating, mortgaging his ideal share in the property held m common.[25]
2006-11-16
PUNO, J.
LORETO sold some 1,604 square meters of Lot No. 1253 to GABINO, JR. Consequently, when LORETO purportedly sold to WILFREDO on December 7, 1989 the same portion of the lot, he was no longer the owner of Lot No. 1253-B. Based on the principle that "no one can give what he does not have,"[26] LORETO could not have validly sold to WILFREDO on December 7, 1989 what he no longer had. As correctly pointed out by the appellate court, the sale made by LORETO in favor of WILFREDO is void as LORETO did not have the right to transfer the ownership of the subject property at the time of sale.