Beruflich Dokumente
Kultur Dokumente
*
G.R. No. 157493. February 5, 2007.
_______________
* THIRD DIVISION.
229
230
consent of all the co-heirs. Article 493 of the Civil Code expressly
provides: Article 493. Each co-owner shall have the full ownership
of his part and of the fruits and benefits pertaining thereto, and
he may therefore alienate, assign or mortgage it, and even
substitute another person in its enjoyment, except when personal
rights are involved. But the effect of the alienation or the
mortgage, with respect to the co-owners, shall be limited to the
portion which may be allotted to him in the division upon the
termination of the coownership. [Emphases supplied.]
Consequently, even without the consent of the two co-heirs, Adolfo
and Jesus, the Contract to Sell is still valid and binding with
respect to the 6/8 proportionate shares of the petitioners, as
properly held by the appellate court.
231
CHICO-NAZARIO, J.:
_______________
232
_______________
3 Rollo, p. 58.
4 Id., at p. 59.
233
_______________
5 Id., at p. 235.
6 Records, p. 44.
7 Rollo, pp. 53-57.
8 Id., at p. 68.
234
After trial
9
on the merits, the lower court rendered a
Decision dated 27 March 1996 in favor of the respondent,
the dispositive portion of which reads:
_______________
235
_______________
236
_______________
13 Jardine Davies, Inc. v. Court of Appeals, 389 Phil. 204, 212; 333
SCRA 684, 693 (2000).
239
240
241
242
_______________
16 Rollo, pp. 36-40.
17 TSN, 28 September 1993, pp. 17-18.
18 German Marine Agencies, Inc. v. National Labor Relations
Commission, 403 Phil. 572, 588-589; 350 SCRA 629, 641 (2001).
243
“Article 493. Each co-owner shall have the full ownership of his
part and of the fruits and benefits pertaining thereto, and he may
therefore alienate, assign or mortgage it, and even substitute
another person in its enjoyment, except when personal rights are
involved. But the effect of the alienation or the mortgage, with
respect to the co-owners, shall be limited to the portion which
may be allotted to him in the division upon the termination of the
coownership.” [Emphases supplied.]
_______________
——o0o——