G.R. No. 39596 ; March 23, 1934
“CONSULTA” NO. 1013 OF THE REGISTER OF DEEDS OF TAYABAS. GOTAUCO & CO., applicant-appellant, vs. THE REGISTER OF DEEDS OF TAYABAS, oppositor-appellee.

FACTS

The Register of Deeds of Tayabas denied the inscription of a levy of execution against judgment debtor Rafael Vilar on fifteen parcels of land registered in the name of Florentino Vilar. The denial was based on the lack of evidence showing Rafael Vilar’s interest in the lands. Subsequently, a copy of a petition in the intestate estate proceedings of Florentino Vilar was presented, indicating that Florentino Vilar was deceased and that Rafael Vilar was one of his heirs.

ISSUE

Whether the right, share, or interest of an heir in the estate of a deceased person, pending final liquidation of the estate, may be validly levied upon under a writ of execution.

RULING

Yes. The Supreme Court reversed the judgment of the lower court. Applying the test from Reyes vs. Grey, the Court held that a judgment debtor holds a beneficial interest in property if he can sell or otherwise dispose of it for value. As an heir, Rafael Vilar, being sui juris, could dispose of his interest or share in the estate of Florentino Vilar. Therefore, that interest is subject to attachment and execution to satisfy his judgment debt. The Register of Deeds should have accepted and inscribed the levy of execution upon being informed of the heirship.

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