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Herodotus Acebedo et. al.

V
Hon. Bernardo Abesamis et. al.

The late Felix Acebedo left an estate


consisting of several real estate
properties located in Quezon City
and Caloocan City, with a
conservative estimated value of
about P30 million.
The decedent was succeeded by
eight heirs, two of whom are the
petitioners herein, and the others are
the private respondents.

Herodotus Acebedo and 7 others


were left an estate consisting of real
properties in Quezon City and
Caloocan City. Acebedobecame the
administrator pending partition. In
themeantime, the property is owned
in common by the heirs.

Miguel Acebedo et al (respondents)


then filed a Motion for Approval of
Sale for them to sell their shares
from the estate. The court approved
the motion. Respondents were able
to find a buyer in the person of Yu
Hwa Ping who agreed to buy the
properties for P12 Million. He paid P6
million as earnest money.

Acebedo (petitioner)assailed the


approval of the sale claiming that the
price is quite low. The court ordered
Miguel et al to find a higher bidder
within a specified time frame which
was later extended to 7 months but
still no other buyer could provide
better terms.

It was agreed by the parties that


respondents sell their share to the
price already agreed upon with Ping
and that Acebedocan negotiate his
price with Ping. But Acebedostill filed
a Supplemental Opposition against
the approval of the conditional sale.
The court affirmed the approval of
the sale and ordered Acebedoto sell
his share at the same rate that the
other heirs sold their share to Ping.

ISSUE:Whether or not the other


heirs can sell their shares of the
estate prior to adjudication.

HELD:Yes. An heir can sell his share without


final adjudication. An heir is a co-owner of the
property (estate) before adjudication.
Although the Rules of Court do not specifically
state that the sale of an immovable property
belonging to an estate of a decedent, in a
special proceeding, should be made with the
approval of the court, this authority is
necessarily included in its capacity as a
probate court. Therefore, it is clear that the
probate court in the case at bar, acted within
its jurisdiction in issuing the Order approving
the Deed of Conditional Sale.