G.R. No. L-7420; March 25, 1913
NAZARIO CABALLO, ET AL., plaintiffs-appellees, vs. CIPRIANO DANDOY, ET AL., defendants-appellants.

FACTS

The spouses Geronimo Dandoy and Gertrudis Semano died intestate, leaving a house and lot. They were survived by their three children: Dominga, Juan, and Cipriano Dandoy. Juan and Dominga later died, and their respective children (the plaintiffs) succeeded to their rights. The property remained undivided. In 1908, defendant Cipriano Dandoy sold the entire property to his co-defendant, Fruto Alarba. The plaintiffs, claiming ownership over two-thirds of the property as successors of Juan and Dominga, filed an action for partition of the inheritance and annulment of the sale, arguing Cipriano could only dispose of his one-third share.

ISSUE

Whether the defendant Cipriano Dandoy could validly sell the entire house and lot to Fruto Alarba, or if the property remained pro indiviso among the heirs, limiting his sale to only his one-third share.

RULING

The property remained pro indiviso (owned in common) among the heirs. Cipriano Dandoy could only sell his one-third share. The sale of the entire property was void with respect to the two-thirds share belonging to the plaintiffs. The Supreme Court affirmed the trial court’s judgment setting aside the sale concerning the two-thirds portion, declaring the property as belonging pro indiviso to Cipriano Dandoy and the plaintiffs (as representatives of Juan and Dominga), and ordering partition. The right to the inheritance was transmitted immediately upon the death of the original spouses, and possession by one heir is deemed to be in representation of all co-heirs until partition.