Case Digest: CONCEPTION v. STA. ANA

Conception v. Sta. Ana
GR No. L-2277, December 29, 1950

FACTS:

Perpetua Conception sold her three parcels of land to Paciencia during her lifetime. When Perpetua died, Monico, the only surviving legitimate brother of the former filed an Action to Annul the Sale. According to the complaint, the deceased, in connivance with the defendant and with intent to defraud the plaintiff sold and conveyed them to the latter, for false and fictitious consideration. The Court of First Instance dismissed the complaint. On appeal, Monico added that as an heir of Perpetua, he can bring the action to annul the contract.

ISSUE:

Whether or not Perpetua has transmitted to the plaintiff any right in order that he can bring an action herein.

RULING:

None. As the deceased had no forced heir, she was free to dispose of all her properties as absolute owner thereof, without further limitation than those established by law, and the right to dispose of a thing involves the right to give or to convey it to another without any consideration. The only limitation established by law on her right to convey said properties to the defendant without any consideration is, that she could not dispose of or transfer her property to another in fraud of her creditors.

Also, the court ruled, using the words of Maneas, that forced heir has the right to institute an action for rescission. The reason is that the right to the legitime is similar to a creditor of a creditor. Plaintiff, being the brother of the deceased is not among those enumerated in the Civil Code as forced heir of the decedent.

The judgment of the lower court was affirmed.

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