G.R. No.
L-12957, March 24, 1961
CONSTANCIO
SIENES, ET AL. VS. FIDEL ESPARCIA, ET AL.,
FACTS: Lot 3368 originally
belong to Saturnino Yaeso. With his first wife, Teresa Ruales, he had four
children named Agaton, Fernando, Paulina and Cipriana, while with his second
wife, Andrea Gutang, he had an only son named Francisco. Lot 3368 was issued in
the name of Francisco. When Francisco died, without any descendant, his mother,
as his sole heir, executed the public instrument entitled extra-judicial
settlement and sale whereby, among other things, for and in consideration
of the sum of P800.00, she sold the property in question to Sienes. Thereafter,
Cipriana and Paulina Yaeso, the surviving half-sisters of Francisco, and who as
such had declared the property in their name executed a deed of sale in favor
of the spouses Esparcia. Andrea Gutang died later with Cipriana Yaeso (child
from the first wife) surviving her.
ISSUE: Who among the vendees, with regard the two
sale transactions, is entitled to the properties?
RULING:
Cipriana Yaeso,
one of the reservees, was still alive when Andrea Gutang, the person obliged to
reserve died. Thus the former became the absolute owner of the reservable
property upon Andrea's death. The sale made by Andrea Gutang in favor of
appellees was subject to the condition that the vendees would definitely
acquire ownership, by virtue of the alienation, only if the vendor died without
being survived by any person entitled to the reservable property. Inasmuch as
when Andrea Gutang died, Cipriano Yaeso was still alive, the conclusion becomes
inescapable that the previous sale made by the former in favor of appellants
became of no legal effect and the reservable property subject matter thereof
passed in exclusive ownership to Cipriana.
It
is also clear that the sale executed by the sisters Paulina and Cipriana Yaesco
in favor of the spouse Esparcia was subject to a similar resolutory condition.
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