Petitioner
Mauricia Alejandrino
Respondent
The Honorable Court of Appeals
Citation
G.R. No. 114151
Court
Supreme Court
Division
Third Division
Ponente
Romero, J.
Decided
September 17, 1998

Summary

This case involves a property inheritance dispute over a 219-square-meter lot left by the Alejandrino spouses to their six children. After Laurencia lost her action for quieting of title against purchaser Licerio Nique, the trial court ordered segregation of Nique's 146-square-meter portion based on an extrajudicial settlement between the heirs. Mauricia challenged this segregation order as exceeding the court's jurisdiction since it was not specifically decreed in the final judgment. The Supreme Court denied her petition, ruling that heirs may validly sell their pro indiviso shares in inherited property under Civil Code Article 493, and that the extrajudicial settlement constituted a valid partition even without notarization. The Court held that the segregation order merely clarified the final decision to ensure proper execution and did not exceed the trial court's jurisdiction. The decision establishes important principles regarding co-ownership rights in inherited property and the validity of informal partition agreements between heirs.

Statutes applied

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By the Intellegal Editorial Board · September 17, 1998

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