- Petitioner
- Norma C. Magsano
- Respondent
- Pangasinan Savings
- Citation
- G.R. No. 215038
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Perlas-Bernabe, J.
- Decided
- October 17, 2016
Summary
The Supreme Court ruled on the validity of a real estate mortgage executed after the death of one spouse. Roque Magsano died on April 17, 1991, but his spouse Susana executed a mortgage on July 1, 1991, over their conjugal property. The Court held that upon Roque's death, the conjugal partnership dissolved and an implied ordinary co-ownership arose among the heirs. Under Article 493 of the Civil Code, Susana could only mortgage her undivided share, not the entire property. The mortgage was declared void as to Roque's share. The Court also found that subsequent purchasers Spouses Manuel were not innocent purchasers for value as they failed to inquire into the occupants' possessory rights. The case was remanded for partition proceedings, establishing important precedent on co-ownership rights in conjugal properties after death of a spouse.