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Acebedo v. Abesamis 5.

The court affirmed the approval of the sale and ordered Acebedo to
217 SCRA 186 sell his share at the same rate that the other heirs sold their share to
1. Herodotus Acebedo and 7 others were left an estate consisting of real ISSUE: Whether or not the other heirs can sell their shares of the estate prior
properties in Quezon City and Caloocan City. Acebedo became the to adjudication.
administrator pending partition. In the meantime, the property is
owned in common by the heirs. HELD: Yes. An heir can sell his share without final adjudication. An heir is a
co-owner of the property (estate) before adjudication.
2. The case pended for 16 years with the court. Miguel Acebedo et al
(respondents) then filed a Motion for Approval of Sale for them to sell Although the Rules of Court do not specifically state that the sale of an
their shares from the estate. The court approved the motion. immovable property belonging to an estate of a decedent, in a special
Respondents were able to find a buyer in the person of Yu Hwa Ping proceeding, should be made with the approval of the court, this authority is
who agreed to buy the properties for P12 Million. He paid P6 million necessarily included in its capacity as a probate court. Therefore, it is clear
as earnest money. that the probate court in the case at bar, acted within its jurisdiction in issuing
the Order approving the Deed of Conditional Sale.
3. Acebedo assailed the approval of the sale claiming that the price is
quite low. The court ordered Miguel et al to find a higher bidder within The right of an heir to dispose of the decedents property, even if the same is
a specified time frame which was later extended to 7 months but still under administration, is based on the Civil Code provision stating that the
no other buyer could provide better terms. possession of hereditary property is deemed transmitted to the heir without
interruption and from the moment of the death of the decedent, in case the
4. Finally, it was agreed by the parties that respondents sell their share inheritance is accepted. Where there are however, two or more heirs, the
to the price already agreed upon with Ping and that Acebedo can whole estate of the decedent is, before its partition, owned in common by such
negotiate his price with Ping. But Acebedo still filed a Supplemental heirs.
Opposition against the approval of the conditional sale.