G.R. No. L-44426 February 25, 1982 SULPICIO CARVAJAL, petitioner, vs.

THE HONORABLE COURT OF APPEALS ** and EUTIQUIANO CAMARILLO and LIBERATA CACABELOS,respondents. Facts: The subject lot was originally owned by Hermogenes Espique and his wife and after their death, the lot was succeeded by their children, Maria, Evaristo, Faustino, Estefanio and Tropinio. Petitioner then averred that he purchased the 2/5 of the lot from Estefanio and respondents purchased 1/5 of the lot from Evaristo. The part of the land in controversy was the 1/5 portion. This prompted the private respondents to file a case of ejectment and recovery of possession, where in fact there has been no partition yet on the subject lot. Both the lower court and the appellate court ruled in favor of the respondents. Hence, this petition. Issue:

Whether the co-owners may sell a specific part of the co-owned property without partition. Held: The Supreme Court ruled in negative and reversed the decision of the lower court. The fact that the sale executed by Evaristo G. Espique in favor of respondents and the sale executed by Estefanio Espique in favor of petitioner were made before the partition of the property among the co-heirs does not annul or invalidate the deeds of sale and both sales are valid. However, the interests thereby acquired by petitioner and respondents are limited only to the parts that may be ultimately assigned to Estefanio and Evaristo, respectively, upon the partition of the estate 7 subject to provisions on subrogation of the other co-heirs to the rights of the strangerpurchaser provided in Article 1088 of the Civil Code. Unless a project of partition is effected, each heir cannot claim ownership over a definite portion of the inheritance. Without partition, either by agreement between the parties of by judicial

proceeding, a co-heir cannot dispose of a specific portion of the estate. For where there are two or more heirs, the whole estate such heirs. 1 Upon the death of a person, each of his heirs becomes the undivided owner of the whole estate left wtih respect to the part of portion which might be adjudicated to him, a community of ownership being thus formed among the co-owners of the estate or co-heirs while it remains undivided