- Petitioner
- Alejandra Mina
- Respondent
- Ruperta Pascual
- Citation
- G.R. No. 8321
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Arellano, C.J.
- Decided
- October 14, 1913
Summary
This case involved a property dispute between the heirs of two brothers over ownership of a lot and warehouse in Laoag, Ilocos Norte. Francisco Fontanilla owned the lot while his brother Andres built a warehouse on it with permission. After both died, Ruperta Pascual (guardian of Andres' heirs) sought court authorization to sell both the warehouse and lot, which was granted despite opposition from Francisco's heirs. The Supreme Court declared the sale of the lot null and void, ruling that defendants only had use rights under a commodatum arrangement, not ownership. The Court applied Civil Code provisions on accession to real estate, holding that the lot owner could either appropriate the building with indemnity or compel the builder to pay for the land value. The decision established that one cannot sell what one does not own, and judicial sales cannot transfer rights beyond what the vendor legally possesses.