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.

Statutes applied

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By the Intellegal Editorial Board · October 14, 1913

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