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Petitioner,
-versus
HEIRS OF THE SPOUSES AGUE DO and MARIA ALTAMIRANO, namely: ALEJANDRO,
ADELAIDA,
CATALINA, ALFREDO, FRANCISCO, all surnamed ALTAMIRANO; VIOLETAALTAMIRANO
OLFATO,
and LORETAALTAMIRANO VDA. DE MARALIT and SPOUSES LAURO and MARCELINA
LAJARCA,
Respondents
In 1950s, Nena Recio, the mother of Reman
Recio leased from the Altamirano Family parcel
of land with improvements situated at Esteban
Mayo st. Lipa City. The said parcel of land
covers 89 sq. meters and inherited by the
Altamirano Family from their deceased parents.
On 1998, petitioner claimed that Altamiranos
offered to sell the subject parcel of land to her
for P500, 000. However, the said sale did
materialize at that time to the fault of the
Altamiranos. But there was a second negotiation
between the petitioner and Alejandro who
introduced himself as representative of the other
heirs or a member of the Altamirano Family.
Later, the Altamiranos through Alejandro
entered an oral agrrement with the petioner,. In
view of the said oral contract, the petitioner,
made payments of 110,000 on 1965 as partial
payment and on 1995 Nena Recio again paid
P50,000. Nena Recio paid already a total of
P160, 000. Subsequently, Nena Recio offered in
many instances to pay the remaining balance of
P340,000 but Alejandro Altamirano kept on
avoiding the petitioner. Petitioner demanded
through Alejandro Altimirano Deed of Absolute
Sale in exchange for full payment. On 1997 , the
petitioner filed for specific performance with
damages.
Later the petitioner discovered that the subject
parcel of land has been subsequently sold by
other Altamiranos to the spouses Lajarca. The
petitioner filed an amended complaint of
Held.
No, true that the Civil Code provides under
articles 1874 and 1878 that Special power of
Attorney or written authority must be secured
first by the agent or a co-owner before he could
sell an immovable but under the regime of coownership, a co-owner could sell his undivided
interest or pro diviso share in the property
owned in common. Therefore the sale entered
into by Alejandro Altamirano is valid but only to
his aliquot part and also the sale entered into by
the other Altamiranos to Spouses Lajarca is also
valid with respect to the their aliquot part also.
SC declared that the sale executed by
Altamiranos is not violative of Articles 1874 and
1878 of the Civil Code.