- Petitioner
- Maria Vda. de Reyes
- Respondent
- The Court of Appeals
- Citation
- G.R. No. 92436
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Davide, Jr., J.
- Decided
- July 26, 1991
Summary
This Supreme Court case resolved a property ownership dispute involving inherited land. Gavino Reyes died in 1921, and his heirs orally partitioned his 70-hectare property in 1936. Rafael Reyes, Sr. sold his allocated share (Lot No. 1-A-14) to the Gardiolas in 1943. However, in a 1967 extrajudicial settlement, the same lot was adjudicated to Rafael Reyes, Jr. (son of the seller), who received a transfer certificate of title. The Supreme Court ruled that the oral partition was valid and that Rafael Sr. could legally sell his share as a co-owner. Since the property was already sold in 1943, Rafael Jr. never acquired ownership, making his title void. The Court applied the principle that no one can transfer what they do not own, affirming the Gardiolas' ownership based on the valid 1943 sale.