The Heirs of Protacio Go, Sr. v. Ester L. Servacio

Summary

This case involves a dispute over the validity of a sale of conjugal property by a surviving spouse without prior liquidation. The heirs of Marta Barola Go challenged the sale of a 5,560 square meter portion of conjugal property by surviving spouse Protacio Go, Sr. and son Rito to Ester Servacio, arguing it violated Article 130 of the Family Code requiring liquidation before disposition. The Supreme Court affirmed the sale's validity, ruling that upon Marta's death in 1987, the conjugal partnership dissolved creating implied co-ownership under Civil Code Article 493. The Court held that a co-owner may sell his undivided share, and such sale is not void if the portion sold has not been allocated to other heirs through partition. The decision established that Article 130's liquidation requirement does not prejudice vested rights, and the appropriate remedy for co-owners is judicial partition rather than nullification of sale.