G.R. No. L-793; June 9, 1949
MARCOS ROQUE ET AL., plaintiffs-appellees, vs. LEONCIA SONGCO ET AL., defendants-appellants.

FACTS

Marcos Roque and co-owners sold a parcel of land to Esteban Pecson and Leoncia Songco (spouses) with a right to repurchase within six years. Esteban Pecson died in 1927, leaving six children as heirs. Three days before the repurchase period expired in 1932, Leoncia Songco, the surviving spouse, unilaterally executed a document granting the vendors a ten-year extension to repurchase. The vendors later tendered payment to repurchase the entire property. Leoncia Songco agreed to reconvey her interest, but the heirs of Esteban Pecson refused, claiming absolute ownership over their half. The vendors deposited the repurchase price with the trial court and filed a complaint for specific performance.

ISSUE

Whether the heirs of Esteban Pecson are bound by the extension of the repurchase period granted solely by Leoncia Songco, without their consent or participation.

RULING

No. The extension granted by Leoncia Songco is binding only with respect to her one-half share of the property. She had no legal authority to represent or bind the heirs of Esteban Pecson, who were not signatories to the extension document. Consequently, the vendors may repurchase only one-half of the property from Leoncia Songco within the extended period. The other half, belonging to the heirs of Esteban Pecson, had become their absolute property upon the expiration of the original repurchase period, as the extension did not validly cover their share. The trial court’s decision was modified accordingly.

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