Arsenio Tabasondra v. Spouses Conrado Constantino

Summary

This case involved a property partition dispute among children of the late Cornelio Tabasondra from two marriages. Three siblings—Cornelio, Valentina, and Valeriana—co-owned 100,352 square meters of land. Before their deaths, Valentina and Valeriana sold their shares to Sebastian and Tarcila Tabasondra for P10,000. When Cornelio's other children sought partition of the entire property, the Supreme Court upheld the validity of the prior sale under Article 493 of the Civil Code, which allows co-owners to alienate their pro indiviso shares without consent from other co-owners. The Court limited the partition to only Cornelio's one-third share (33,450.66 square meters) and remanded the case for proper physical partition with specific metes and bounds descriptions. The decision clarified important principles regarding co-ownership rights and alienation of undivided shares in common property.