Sps. Nicanor Tumbokon, et. al. vs. Apolonia Legaspi
G.R. No. 153736, August 4, 2010
FACTS:
The parcel of land subject in this case was originally owned by the late Alejandra Sespeñe, who had had two marriages. The first marriage was with Gaudencio Franco, by whom she bore Ciriaca Franco, whose husband was Victor Miralles. The second marriage was with Jose Garcia, by whom she bore respondent Apolonia Garcia, who married Primo Legaspi. Alejandra died without a will in 1935, and was survived by Apolonia and Crisanto Miralles, the son of Ciriaca (who had predeceased Alejandra in 1924) and Victor Miralles.
A case was filed by the petitioners for the recovery of ownership and possession of real property with damages against the respondents. The former alleged that petitioner Rosario SespeñeTumbokon purchased the land in question from Cresenciana Inog. Cresenciana Inog, in turn, acquired the land by purchase from Victor Miralles, son-in-law of decedent Alejandra, who had represented that he inherited the land from his mother-in-law. The RTC rendered a decision in favor of the petitioners, holding that the spouses were able to establish the purchase of the land. The Court of Appeals reversed the decision of the RTC and dismissed the complaint.
ISSUE:
Whether or not the sale made by Victor Miralles was valid.
RULING:
No. The Supreme Court upheld the ruling of the Court of Appeals that Victor’s claim of being the sole heir was false and erroneous for Alejandra had more than one intestate heir, and Victor Miralles as a mere son-in-law could not be one of them. A decedent’s compulsory heirs in whose favor the law reserves a part of the decedent’s estate are exclusively the persons enumerated in Article 887 of the Civil Code. In the present case, only two forced heirs survived Alejandra upon her death, namely: respondent Apolonia, her daughter, and CrisantoMiralles, her grandson. The latter succeeded Alejandra by right of representation because his mother, Ciriaca, had predeceased Alejandra. The petition was denied.
