G.R. No. 46096; August 12, 1938
CIRILO T. JAVELOSA, petitioner, vs. CONRADO BARRIOS, Judge of First Instance of Iloilo, ET AL., respondents.

FACTS

Florencio Jagunap died with a probated will partitioning his estate among his heirs, including his widow Flora Jagna-an and their children, specifically awarding them lots 2850 and 2877. Flora, as judicial administratrix, later sold a nine-fourteenth share of these lots to Cirilo T. Javelosa (petitioner) with a right of repurchase. The court in the testate proceedings approved this sale without objection. Later, when a project of partition was submitted that omitted Javelosa’s interest, he objected. The heirs then opposed his intervention, arguing he was neither an heir nor a creditor. The court disallowed his intervention, prompting Javelosa to file a petition for mandamus.

ISSUE

Whether the petitioner, as a vendee of specific shares from certain heirs under a court-approved sale, has the right to intervene in the testate proceedings to protect his interest.

RULING

Yes. The Supreme Court granted the writ of mandamus. The testamentary partition under Article 1056 of the Civil Code was valid and binding, conferring exclusive ownership of the awarded shares to the heirs upon the will’s probate under Article 1068. Therefore, the widow and her children could validly sell their determined shares. The sale, having been previously approved by the court without objection, was valid. The petitioner acquired a direct interest in the specific properties, giving him personality to intervene in the proceedings to protect his right. The mere allegation of unpaid debts, raised belatedly, did not invalidate the partition or the sale.

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