Gregorio F. Averia v. Domingo Averia

Summary

This case involved a property dispute among heirs of Macaria Francisco over a residential lot in Sampaloc, Manila. Some heirs sought judicial partition while defendants claimed ownership of portions through alleged verbal sales - Macaria purportedly gave half the property to son Gregorio in consideration for litigation expenses and care, while brother Domingo allegedly sold his share to Gregorio. The trial court upheld these verbal agreements, but the Court of Appeals reversed, citing violation of the Statute of Frauds. The Supreme Court ultimately ruled in favor of the defendants, holding that the failure to object to parol evidence ratified the contracts under Article 1405 of the Civil Code, and that the Statute of Frauds does not apply to executed contracts. The case was remanded for partition proceedings considering the established ownership rights.