Property Case Digest | Pamplona v. Moreto
Pamplona v. Moreto
96 SCRA 738
Facts:
Sps. Flaviano Moreta and Monica Maniega acquired adjacent lots Nos. 1495-1496. during their marriage, they begot six children. More than 6 years after the death of his wife, Flaviano Moreto, without the consent of the heirs of his deceased wife and before any liquidation of the conjugal partnership could be effected executed in favor of Geminiano Pamplona, married to Apolonia Onte, the deed of absolute sale covering lot No. 1495. After the death of Flaviano Moreto, plaintiffs-heirs of Monica Maniega demanded on the defendant-spouses to vacate the premises on the ground that Flaviano had no right to sell the lot as it belongs to the conjugal partnership and Monica was already dead when the sale was executed without the consent of the plaintiffs-heirs.
Issue:
Whether or not Flaviano Moret had a right to dispose of the subject lot.
Held:
At the time of the sale, the conjugal partnership was already dissolved and therefore, the estate became a co-ownership between Flaviano, the surviving husband and the heirs of his deceased wife. Aticle 493 of the NCC is square in point. Hence, at the time of the sale, the co-ownership constituted or covered the three lots adjacent to each other. And since Flaviano was entitled to one-half pro-indiviso of the entire land area, he had a perfect legal and lawful right to dispose of his share to the Pamplona spouses.
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