Nelson Nufable v. Generosa · G.R. 126950

Petitioner: Nelson Nufable
Respondent: Generosa Nufable
Citation: G.R. No. 126950
Court: Supreme Court
Division: Third Division
Ponente: Gonzaga-Reyes, J.
Decided: July 2, 1999

Summary

This case involves a property dispute over inherited land in Negros Oriental. When Esdras Nufable died in 1965, he left untitled land to his four children as co-owners. One heir, Angel Custodio, mortgaged the entire property to DBP without his siblings' consent, though he only owned a 1/4 pro indiviso share. After foreclosure, Nelson Nufable (Angel's son) purchased the property from DBP. The other heirs sued to recover their rightful shares. The Supreme Court affirmed the Court of Appeals ruling that a co-owner cannot mortgage more than his share, and that DBP and subsequently Nelson held the 3/4 portion in trust for the rightful co-owners. The decision establishes important principles regarding co-ownership rights, successional transmission, and the limitations of a co-owner's power to encumber shared property.

Statutes applied

Related cases

Other Philippine cases on the same provisions and issues.

Conchita Gloria v. Builders Savings G.R. No. 202324
Spouses Bernardo Buenaventura v. Court of Appeals G.R. No. 126376
Ma. Estela Maglasang v. The Heirs of Corazon Cabatingan G.R. No. 131953
Dr. Nixon L. Treyes v. Antonio L. Larlar G.R. No. 232579

By Intellegal Editorial Board · July 2, 1999

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