Petitioner
Heirs of Ignacia Ledesma Vda. de Natividad
Respondent
Heirs of Julio Ledesma
Citation
G.R. No. 247709
Court
Supreme Court
Division
Second Division
Decided
July 29, 2019

Summary

The Supreme Court dismissed a petition challenging the Court of Appeals' nullification of a 1977 property sale. The heirs of Ignacia Ledesma Vda. De Natividad filed the wrong remedy (certiorari under Rule 65) instead of a petition for review (Rule 45) to challenge the CA's decision. The CA had declared the deed of sale void because Ignacia, as administrator of the estate, was prohibited under Article 1491 of the Civil Code from purchasing properties under her administration. The SC emphasized that certiorari cannot substitute for a lost remedy of appeal and affirmed that the CA properly applied the Civil Code prohibition. This case illustrates the importance of choosing the correct procedural remedy and reinforces the Civil Code's restrictions on acquisitions by estate administrators.

Statutes applied

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By Intellegal Editorial Board · July 29, 2019

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