Petitioner
Cirilo T. Javelosa
Respondent
Conrado Barrios
Citation
G.R. No. 46096
Court
Supreme Court En Banc
Division
En Banc
Ponente
Concepcion, J.
Decided
August 12, 1938

Summary

This case establishes the right of purchasers of heir shares to intervene in probate proceedings. Petitioner Javelosa purchased shares in inherited lots from widow Flora Jagna-an and two heirs of deceased Florencio Jagunap, with court approval. When the administratrix filed a partition project excluding his interest, Javelosa sought intervention but was denied by the trial court. The Supreme Court granted mandamus, holding that the testamentary partition gave the vendors exclusive ownership of their shares, making their sale valid and giving Javelosa standing to intervene. The decision reinforces the binding effect of testamentary partitions under Civil Code Article 1056 and the ownership rights conferred by lawful partition under Article 1068, protecting purchasers' acquired interests in probate proceedings.

Statutes applied

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By Intellegal Editorial Board · August 12, 1938

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