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    Sux 795 - Ibarle vs. Po

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    Sux 795 - Ibarle vs. Po

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    Sux 795 - Ibarle vs. Po

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    Hannah Keziah Dela Cerna
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    PHILIPPINE REPORTS ANNOTATED VOLUME 092

    Information | Reference

    Case Title:
    Bienvenido A. Ibakle, plaintiff and
    appellant, vs. Eesperanza, M. Po,
    defendant and appellee. [NO. L-5064. FEBRUARY 27, 1953]
    Citation: 92 Phil., 721 BIENVENIDO A. IBARLE, plaintiff and appellant, vs. EESPERANZA, M. PO, defendant and
    More... appellee.

    1.DESCENT AND DISTRIBUTION; TRANSMISSION TO HEIRS, PROM MOMENT OF


    Search Result DEATH; SALE MADE BY WIDOW OF DECEDENT'S PROPERTY.·The moment of
    death is the determining factor when the children of a decedent
    acquire a definite right to the inheritance, whether such right be pure
    or contingent. No formal or judicial declaration is needed to confirm
    the children's title. Sale made by the widow of the decedent's property
    after his death is null and void so far as it included the children's
    share.
    60575··46

    722

    722 PHILIPPINE REPORTS ANNOTATED


    Ibarles vs. Po

    2.ID,; SALE OF DECEDENT'S PROPERTY, WITH COURT'S AUTHORITY; NECESSITY OF


    REGISTRATION OF SALE.·Sale made of decedent's property with
    authority of the competent court is legal and effective even if not
    registered.
    APPEAL from a judgment of the Court of First Instance of Cebu. Macadaeg, J.
    The facts are stated in the opinion of the Court.
    Quirico del Mar for appellant.
    Daniel P. Tumulak and Conchita F. Miel for appellee.

    TUASON, J.:
    This action was commenced in the Court of First Instance of Cebu to annul a deed
    of sale conveying to the defend​ant, in consideration of Pl,700, one undivided half of a
    parcel of land which previously had been sold, along with the other half, by the same
    vendor to the plaintiff's grantors. Judgment was against the plaintiff.
    The case was submitted for decision upon an agreed statement of facts, the
    pertinent parts of which are thus summarized in the appealed decision:

    "1st.·That Leonard J. Winstantley and Catalina Navarro were


    husband and wife, the former having died on June 6, 1946 leaving as heir
    the surviving spouse and some minor children;
    "2nd.·That upon the death of L. J. Winstanley, he left a parcel of land
    described under Transfer Certificate of title No. 2391 of the Registry of
    Deeds of the Province of Cebu;
    "3rd.·That the above mentioned property was a conjugal prop​erty;
    "4th.·That on April 15, 1946, the surviving spouse Catalina Navarro
    Vda. de Winstanley sold the entire parcel of land to the spouses Maria
    Canoy and Roberto Canoy, alleging among other things, that she needed
    money for the support of her children;
    "5th.·That on May 24, 1047, the spouses Maria Canoy and Ro​berto
    Canoy sold the same parcel of land to the plaintiff in this case named
    Bienvenido A. Ebarle;
    "6th.·That the two deeds of sale referred to above were not registered
    and have never been registered up to date;
    723

    VOL. 92, FEBRUARY 27, 1953 723


    Ibarles vs. Po

    "7th.·That on January 17, 1948 surviving spouse Catalina Na​varro


    Vda. de Winstanley, after her appointment as guardian of her children by
    this court (Special Proceeding No. 212-R) sold one-half of the land
    mentioned above to Esperanza M. Po, defendant in the instant case,
    which portion belongs to the children of the above named spouses."
    As stated by the trial Judge, the sole question for determination is the validity of
    the sale to Esperanza M.,Po, the last purchaser. This question in turn depends upon
    the validity of the prior sale to Maria Canoy and Roberto Canoy.
    Article 657 of the old Civil Code provides: "The rights to the succession of a person
    are transmitted from the moment of his death." In a slightly different language, this
    article is incorporated in the new Civil Code as article 777.
    Manresa, commending on article 657 of the Civil Code of Spain, says:

    "The moment of death is the determining factor when the heirs acquire a definite right to
    the inheritance, whether such right be pure or contingent. It is immaterial whether a short or
    long period of time lapses between the death of the predecessor and the entry into possession of
    the property of the inheritance because,the right is always deemed to be retroactive from the
    moment of death." (5 Manresa, 317.)

    The above provision and comment make it clear that when Catalina Navarro Vda.
    de Winstanley sold the entire parcel to the Canoy spouses, one-half of it already
    belonged to the seller's children. No formal or judicial declara​tion being needed to
    confirm the children's title, it follows that the first sale was null and void in so, far as
    it in​cluded the children's share.
    On the other hand, the sale to the defendant having been made by authority of the
    competent court was undeniably legal and effective. The fact that it has not been
    recorded is of no consequence. If registration were necessary, still the non-registration
    would not avail the plaintiff

    724

    724 PHILIPPINE REPORTS ANNOTATED


    Camia, et al. vs. Chanco and Court of Individual Relations

    because it was due to no other cause than his own opposition.


    The decision will be affirmed subject to the reservation, made in said decision, of
    the right of the plaintiff and/or the Canoy spouses to bring such action against
    Catalina Navarro Vda. de Winstanley as may be appropriate for such damages as they
    may have incurred by reason of the voiding of the sale in their favor.

    Paras, C. J., Feria, Pablo, Bengzon, Padilla, Montemayor, Reyes, Jugo, Bautista
    Angelo and Labrador, J J,, concur.

    Judgment affirmed subject to reservation.

    © Copyright 2010 CentralBooks Inc. All rights reserved.

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