Andres Tobias y Sandoval v. Gabriel Enrico y Custodio

Summary

The Tobias family sought to register inherited land in Laguna Province, but was opposed by the Enrico family who claimed ownership through purchase. The central issue was whether Serapion Tobias had sold or merely mortgaged his share of the co-owned property. The Supreme Court affirmed the land registration in favor of the seven Tobias siblings, holding that one co-heir cannot dispose of an entire jointly-owned property without consent of other co-heirs. Only Serapion Tobias' pro indiviso share was subject to a mortgage encumbrance. The case establishes important precedent regarding co-ownership rights and limitations on individual co-heirs' power to dispose of jointly-owned real property in land registration proceedings.