Chavez v. IAC
G.R. No. L-68282 November 8, 1990
The land in question is the paraphernal property of petitioner Manuela Buenavista who
had six (6) children, named Antonio, Rosario, Concepcion, Raquel, Presentacion and
Floserpina. The first three were the plaintiffs and the last three, with their mother, were
the defendants in this case.
Presentacion, Floserpina and Raquel, with the conformity of their mother, sold
their 1/6 undivided share of the same land to their sister who became the owner of 4/6
share of the subject land.
In all the deeds of sale, there was the stipulation wherein the owner , Manuela
Buenavista, had assigned or distributed to her children, in equal pro-indiviso shares, her
paraphernal property.
Despite the transfers or assignments her children had executed with her
conformity ten years earlier, Manuela Buenavista, sold the entire property in favor of her
daughter, Raquel Chavez, and her husband, Gerardo Jimenez. On October 7, 1968,
Antonio, Rosario and Concepcion filed a civil case against their mother Manuela and
their sister Raquel. Thereupon, Manuela sold the entire property to Pepito Ferrer, on
February 4, 1969 with right to repurchase.
ISSUE: Whether or not the deeds of sale were considered as a partition by an act inter
vivos
YES. Article 1080 of the New Civil Code allows a person to make a partition of
his estate either by an act inter vivos or by will and such partition shall be respected
insofar as it does not prejudice the legitimate of the compulsory heirs. While the law
prohibits contracts upon future inheritance, the partition by the parent, as provided in
Art. 1080, is a case expressly authorized by law.
Art. 1080 of the Civil Code clearly gives a person two options in making a
partition of his estate; either by an act inter vivos or by WILL. When a person makes a
partition by will, it is imperative that such partition must be executed in accordance with the provisions of the law on wills; however, when a person makes the partition of his estate by an act inter vivos, such partition may even be oral or written, and need not be in the form of a will, provided that the partition does not prejudice the legitime of
compulsory heirs.
In numerous cases it has been held or stated that parol partitions may be
sustained on the ground of estoppel of the parties to assert the rights of a tenant in
common as to parts of land divided by parol partition as to which possession in
severalty was taken and acts of individual ownership were exercised.
A parol partition may also be sustained on the ground that the parties thereto
have acquiesced in and ratified the partition by taking possession in severalty,
exercising acts of ownership with respect thereto, or otherwise recognizing the
existence of the partition.
In the instant case, the respondent appellate court declared the Deeds of Sale
executed by Presentacion, Floserfina and Raquel, all surnamed Chavez in favor of
Concepcion Chavez as evidence of a valid partition of the land in question by and
between Manuela Buenavista and her children as she not only gave her authority
thereto but also signed the sales. The Deeds of Sale are not contracts entered into with
respect to feature inheritance but a contract perfected and consummated during the
lifetime of Manuela Buenavista who signed the same and gave her consent thereto.
Such partition inter vivos, executed by the property owner herself, is valid.
Thus, it would be unjust and inequitable to allow Manuela Buenavista Vda. de
Chavez to revoke the sales she herself authorized as well as the sale she herself
executed in favor of her son only to execute a simulated sale in favor of her daughter
Raquel who had already profited from the sale she made of the property she had
received in the partition inter vivos; it would run counter to the doctrine that “no person
should be allowed to unjustly enrich herself at the expense of another.”
