GR L 1776; (October, 1949) (Digest)
G.R. No. L-1776; October 27, 1949
PAZ M. CEA and SEBASTIAN MOLL, petitioners, vs. THE COURT OF APPEALS and HEIRS OF THE DECEASED GREGORIO NATIVIDAD, respondents.
FACTS
The spouses Gregorio Natividad and Benedicta Villanueva jointly owned “Hacienda Cabasay.” They each willed their half-interest to their grandson, Alfredo Natividad. After Gregorio’s death, his estate was placed under judicial administration, and a notice was recorded in the Register of Deeds. Despite this, Alfredo sold the entire hacienda to Gerardo Cea. The judicial administrator sued to annul the sale, resulting in a settlement where Alfredo ceded half (Gregorio’s share) to Gregorio’s heirs. Gerardo Cea later sold the hacienda to Paz M. Cea, who then sold half to Sebastian Moll. Paz and Sebastian applied for registration of their respective halves. The heirs opposed regarding Gregorio’s half. The Court of Appeals granted registration only for Benedicta’s half, denying Gregorio’s half, ruling Alfredo’s sale void as the property was in custodia legis. No appeal was taken. Later, in the estate proceedings, Gregorio’s heirs petitioned for adjudication of his half. Paz and Sebastian opposed, claiming title. The lower courts denied their claim, holding the Court of Appeals’ prior decision was res judicata.
ISSUE
Whether the decision of the Court of Appeals in the registration cases constitutes res judicata, barring Paz Cea and Sebastian Moll from asserting their claim to Gregorio Natividad’s half of the hacienda in the estate proceedings.
RULING
No. The prior decision is not res judicata. While it declared the sale void as a conveyance of property in custodia legis, it did not rule on the validity of the sale as an assignment of Alfredo’s interest as a legatee. The decision explicitly left the question of title to Gregorio’s half for determination in the final distribution of the estate. A co-heir may sell his share in an estate before partition. Therefore, the claim of Paz Cea and Sebastian Moll is not barred and may be asserted in the administration proceedings. The appealed decision is reversed, and the case is remanded to the trial court to determine ownership of the disputed half.
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