Pending the filing of administration proceedings the heirs without doubt have

Pending the filing of administration proceedings the

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Pending the filing of administration proceedings, the heirs without doubt have legal personality to bring suit in behalf of the estate of the decedent in accordance with the provision of Article 777 of the New Civil Code "that (t)he rights to succession are transmitted from the moment of the death of the decedent." The provision in turn is the foundation of the principle that the property, rights and obligations to the extent and value of the inheritance of a person are transmitted through his death to another or others by his will or by operation of law. Even if administration proceedings have already been commenced, the heirs may still bring the suit if an administrator has not yet been appointed. This is the proper modality despite the total lack of advertence to the heirs in the rules on party representation. SUAREZ V. CA SEPTEMBER 2, 1992 FACTS: The petitioners in this case are brothers and sisters. Their father died in 1955 and since then his estate consisting of several valuable parcels of land in Pasig, Metro Manila has lot been liquidated or partitioned. In 1977, their widowed mother and Rizal Realty Corporation lost in the consolidated cases for rescission of contract and for damages, and were ordered by the CFI to pay, jointly and severally, respondents Raymundo et. al. P70,000 as damages. The said judgment became final and executory so 5 valuable parcels of land (worth to be millions then) were levied and sold on execution (P94,170.000) on June 24, 1983. The highest bidder was the respondent. 8 | P a g e MEOW NOTES | 2018 SUCCESSION – FIRST EXAM
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Before the expiration of the redemption period, the siblings filed a reinvindicatory action against private respondents for the annulment of the auction sale and the recovery of the ownership of the levied pieces of property. They alleged that being strangers to the case decided against their mother, they cannot be held liable therefor and 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 preliminary injunction was issued enjoining private respondents from transferring to third parties the levied parcels of land based on the finding that the auctioned lands are co-owned by petitioners. ISSUE: Whether or not the petitioners co-own the 5 parcels of land by virtue of succession. HELD: YES. Only one-half of the 5 parcels of land should have been the subject of the auction sale. The law in point is Article 777 of the Civil Code, the law applicable at the time of the institution of the case. "The rights to the succession are transmitted from the moment of the death of the decedent." Article 888 further provides: "The legitime of the legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother. The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided." Article 892 par. 2 likewise provides: "If there are two or more legitimate children or
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