SUCCESSION DIGEST PRELIM #9 [Constitutional Provision]

ISSUE 2: W/N the 2nd sale to DF Esperanza of of the land

was valid YES

[G.R. No. L-5064. February 27, 1953.]

RULING:
BIENVENIDO A. IBARLE, Plaintiff-Appellant, v. ESPERANZA,
M. PO, Defendant-Appellee.
FACTS:

Sale to Spouses Canoy

Leonard and Catalina were husband and wife.

Article 657 of the Old CC [now Art. 777 NCC] provides:

June 6, 1946: Leonard died as his heirs his surviving spouse and
some minor children.
Leonard left a parcel of land which is a conjugal property.

The rights to the succession of a person are transmitted

from the moment of his death
When Catalina sold the entire parcel to the Spouses Canoy, of
it already belonged to Catalinas [sellers] children.

April 15, 1946: Surviving spouse Catalina sold the entire parcel of
land to the Spouses Canoy, needing it for the support of her
children

No formal or judicial declaration is being needed to confirm the

childrens title.

May 24, 1947: Spouses Canoy sold the same land to PF

Bienvenido

Thus, the first sale was null and void because it included the
childrens share.

The 2 deeds of Sale have never been registered

Manresa, commending on article 657 of the Civil Code of
Spain, says:
January 17, 1948: SS Catalina sold of the same land to DF
Esperanza, which portion belongs to their children, after her
appointment as guardian of her children

ISSUE 1: W/N the 1st sale to Spouses Canoy was valid - NO

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.

Sale to Defendant Esperanza

The sale to the DF having been made by authority of the
competent court was legal and effective.
No registration is needed. If registration were necessary, still the
non-registration would not avail the PF because it was due to no
other cause than his own opposition.

1. DESCENT AND DISTRIBUTION; TRANSMISSION TO HEIRS, FROM

MOMENT OF DEATH; SALE MADE BY WIDOW OF DECEDENTS
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
childrens title. Sale made by the widow of the decedents property
after his death is null and void so far as it included the childrens
share.

2. ID.; SALE OF DECEDENTS PROPERTY, WITH COURTS AUTHORITY;

NECESSITY OF REGISTRATION OF SALE.
Spouses Canoy has the right to bring an action against Catalina as
may be appropriate for such damages as they may have incurred
by reason of the voiding of the sale.

SYLLABUS

Sale made of decedents property with authority of the

competent court is legal and effective even if not registered.