This case has been cited 5 times or more.
|
2014-10-08 |
BERSAMIN, J. |
||||
| The disputed property originally formed part of the estate of the late Bibiano Quijano, and passed on to his heirs by operation of law upon his death.[22] Prior to the partition, the estate was owned in common by the heirs, subject to the payment of the debts of the deceased.[23] In a co-ownership, the undivided thing or right belong to different persons, with each of them holding the property pro indiviso and exercising her rights over the whole property. Each co-owner may use and enjoy the property with no other limitation than that he shall not injure the interests of his co-owners. The underlying rationale is that until a division is actually made, the respective share of each cannot be determined, and every co-owner exercises, together with his co-participants, joint ownership of the pro indiviso property, in addition to his use and enjoyment of it.[24] | |||||
|
2010-12-13 |
PERALTA, J. |
||||
| Notarization of the deed of extrajudicial settlement has the effect of making it a public document[14] that can bind third parties. However, this formal requirement appears to be superseded by the substantive provision of the Civil Code that states: ART. 1082. Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition, although it should purport to be a sale, an exchange, a compromise, or any other transaction. | |||||
|
2009-09-16 |
VELASCO JR., J. |
||||
| Art. 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership.[22] (Emphasis supplied.) | |||||
|
2007-12-27 |
REYES, R.T., J. |
||||
| Moreover, for the principle of res judicata to apply, the following must be present: (1) a decision on the merits; (2) by a court of competent jurisdiction; (3) the decision is final; and (4) the two actions involve identical parties, subject matter and causes of action.[61] The fourth element is not present in this case. The parties are not identical because respondents were not impleaded in Petition Case No. U-920. While the subject matter may be the same property covered by OCT No. 352, the causes of action are different. Petition Case No. U-920 is an action for declaratory relief while the case below is for recovery of property. | |||||
|
2004-01-20 |
YNARES-SATIAGO, J. |
||||
| Finally, no particular portion of the property could be identified as yet and delineated as the object of the sale considering that the property had not yet been partitioned in accordance with the Rules of Court.[28] While Narcisa could validly sell one half of the subject property, her share being 9/14 of the same, she could not have particularly conveyed the northern portion thereof before the partition, the terms of which was still to be determined by the parties before the trial court. | |||||