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82) Acebedo Vs Abesamis
82) Acebedo Vs Abesamis
82) Acebedo Vs Abesamis
On Jan 4, 1991, the parties finally agreed that the heirs be allowed to sell
their shares of the properties to Yu Hwa Ping for the price already agreed upon. The
petitioners, filed a Supplemental Opposition to the approval of the Deed of
Conditional Sale.
The public respondent finally issued an order, among others, approving the
conditional sale executed by the heir-movants, dated Sep 10, 1989, in favor of Yu
Hwa Ping and ordering administrator Herodotus to sell the remaining portions of the
said properties also in favor of Yu Hwa Ping.
Hoping for the last, the petitioners filed a Motion for Partial
Reconsideration but the same was dismissed for lack of merit. Thus this petition for
certiorari.
ISSUE: Whether or not the lower court, acting as probate court, can issue an order
approving the Deed of Conditional Sale executed by respondent-heirs without prior
court approval. Yes, it can.
DECISIONS: In the case of Dillena vs. Court of Appeals, this Court made a
pronouncement that it is within the jurisdiction of the probate court to approve the
sale of properties of a deceased person by his prospective heirs before final
adjudication. Hence, it is error to say that this matter should be threshed out in a
separate action.
We cannot countenance the position maintained by herein petitioners that said
conditional sale is null and void for lack of prior court approval. The sale precisely
was made conditional, the condition being that the same should first be approved by
the probate court.
Private respondents having secured the approval of the pro-bate court, a matter
which is unquestionably within its jurisdiction, and having established private
respondents right to alienate the decedents property subject of administration, this
Petition should be dismissed for lack of merit.
PREMISES considered, Petition is hereby DISMISSED. With costs.
SO ORDERED.