G.R. No. L-2306; October 14, 1950
PACIENCIA ANTEOJO, et al. vs. THE COURT OF APPEALS, et al.

FACTS

Petitioner Paciencia Anteojo and her deceased husband Simplicio Vasquez acquired Lot No. 1983 during their marriage, making it conjugal property. Upon Simplicio’s death, one-half of the lot belonged to Paciencia and the other half to their three children. In 1931, Paciencia sold the entire lot to respondents spouses Elias Nazareno and Rosa Villa under a pacto de retro sale for P3,000, with an accompanying instrument (Exhibit A) expressing willingness to return the lot to Paciencia’s children upon their majority upon repayment. The sale was approved by the Director of Lands. In 1944, Paciencia and her children sued to recover the lot and its products. The trial court ordered reconveyance upon payment of P3,000. The Court of Appeals reversed, holding the sale valid and the right of repurchase expired in 1941, barring the action.

ISSUE

Whether the sale of the entire lot by Paciencia Anteojo is valid, and whether her children ratified it by filing the action.

RULING

The Supreme Court reversed the Court of Appeals. Paciencia could only validly sell her one-half share in the conjugal property; the sale of the children’s half was invalid. The children did not ratify the sale by filing the action, as their complaint sought to recover their share without repaying the price, attacking the validity of the transaction. Respondents were ordered to reconvey one-half of the lot to the children. Paciencia was ordered to pay P1,500 (half of the price) to respondents. Respondents were also liable for a share of the net harvest from 1944. The decision was modified accordingly.

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