Petitioner
Eusebia Broce
Respondent
Pedro de La Viña
Citation
G.R. No. 6677
Court
Supreme Court En Banc
Division
En Banc
Ponente
Carson, J.
Decided
October 24, 1911

Summary

This case involves the right of subrogation under Article 1067 of the Civil Code. Eusebia Broce, heir to her grandmother Placida Agraviador's intestate estate, sought to exercise her legal right to step into the place of Pedro de la Viña, who purchased hereditary shares from three of her co-heirs for P2,400. The Supreme Court affirmed the lower court's ruling that no valid extrajudicial partition of the estate had occurred, and that Broce timely exercised her subrogation rights within the thirty-day period prescribed by law after learning of the sales in January 1910. The decision reinforces the Civil Code's protection of co-heirs' rights to prevent the alienation of family property to strangers without giving family members the opportunity to acquire the interests themselves.

Statutes applied

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By the Intellegal Editorial Board · October 24, 1911

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