Marites Mercado Linaac v. Heirs of Restituto Mercado

Summary

This succession case involved a dispute among heirs of Restituto Sr. over real properties he left when he died in 1942. His son Augusto from his third marriage claimed sole ownership based on an alleged will and donated the properties to his heirs (petitioners). The other heirs from Restituto Sr.'s first and second marriages contested this donation, claiming co-ownership rights. The Supreme Court affirmed lower courts' rulings that the donation was void because: (1) the alleged will was never probated as required by Civil Code Article 838, making it ineffective to transfer property; (2) Augusto therefore did not own the properties and could not legally donate them; and (3) petitioners did not acquire ownership through prescription as co-owners' possession requires clear repudiation of co-ownership under Article 494. The Court ordered partition of the properties among all rightful heirs as co-owners, emphasizing that strict compliance with probate requirements is essential for testamentary transfers and that a person cannot donate what they do not own.