Petitioner
Lopez
Respondent
Ilustre
Citation
G.R. No. 2426
Court
Supreme Court
Decided
January 24, 1906

Summary

This landmark case involves property rights where Francisco Martinez sold his undivided half-interest in two Manila lots to Fernando Lopez in December 1902 with a one-year repurchase option. When Francisco failed to repurchase, he later participated in a court-approved partition with his son Pedro in June 1903, which awarded the disputed lots to Pedro. Fernando then sought judicial partition of his acquired interest. The Supreme Court En Banc affirmed the lower court's ruling in favor of Fernando, establishing that under Civil Code Article 399, a co-owner can freely alienate his undivided interest, and once conveyed, the original owner loses all rights and cannot make binding partitions affecting the transferee's interests. This decision created important precedent on co-ownership rights, property alienation, and the effects of voluntary partition on third-party transferees in Philippine property law.

Statutes applied

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By the Intellegal Editorial Board · January 24, 1906

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