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Pending the filing of administration proceedings,the heirs without doubt have legal personality to bringsuit in behalf of the estate of the decedent inaccordance with the provision of Article 777 of the NewCivil Code "that (t)he rights to succession aretransmitted from the moment of the death of thedecedent." The provision in turn is the foundation of theprinciple that the property, rights and obligations to theextent and value of the inheritance of a person aretransmitted through his death to another or others byhis will or by operation of law.Even if administration proceedings have already beencommenced, the heirs may still bring the suit if anadministrator has not yet been appointed. This is theproper modality despite the total lack of advertence tothe heirs in the rules on party representation.SUAREZ V. CASEPTEMBER 2, 1992FACTS:The petitioners in this case are brothers andsisters. Their father died in 1955 and since then hisestate consisting of several valuable parcels of land inPasig, Metro Manila has lot been liquidated orpartitioned.In 1977, their widowed mother and Rizal RealtyCorporation lost in the consolidated cases for rescissionof contract and for damages, and were ordered by theCFI to pay, jointly and severally, respondents Raymundoet. al. P70,000 as damages.The said judgment became final and executory so 5valuable parcels of land (worth to be millions then) werelevied and sold on execution (P94,170.000) on June 24,1983. The highest bidder was the respondent.8 | P a g eMEOW NOTES | 2018SUCCESSION – FIRST EXAM
Before the expiration of the redemption period, thesiblings filed a reinvindicatory action against privaterespondents for the annulment of the auction sale andthe recovery of the ownership of the levied pieces ofproperty.They alleged that being strangers to the case decidedagainst their mother, they cannot be held liable thereforand that the 5 parcles of land, of which they are co-owners, can neither be levied nor sold on execution.Upon motion of the petitioners, a writ of preliminaryinjunction was issued enjoining private respondentsfrom transferring to third parties the levied parcels ofland based on the finding that the auctioned lands areco-owned by petitioners.ISSUE:Whether or not the petitioners co-own the 5parcels of land by virtue of succession.HELD:YES. Only one-half of the 5 parcels of land shouldhave been the subject of the auction sale.The law in point is Article 777 of the Civil Code, the lawapplicable at the time of the institution of the case."The rights to the succession are transmitted from themoment of the death of the decedent."Article 888 further provides:"The legitime of the legitimate children and descendantsconsists of one-half of the hereditary estate of the fatherand of the mother. The latter may freely dispose of theremaining half, subject to the rights of illegitimatechildren and of the surviving spouse as hereinafterprovided."Article 892 par. 2 likewise provides:"If there are two or more legitimate children or