Almendra vs.

IAC Facts:

G.R. No. 75111 November 21, 1991

During the two marriages of Aleja, she and her respective husbands acquired parcels of land. The lands from the first marriage were duly partitioned. After the death of her second husband, Aleja sold to her son Roman, and daughter Angeles, parcels of land. After Alejas death, her other children filed a complaint against Roman & Angeles for the annulment of the deeds of sale in their favor executed by Aleja; and to partition the properties. Among the questioned sales was the one executed in favor of Angeles which is a half portion of the conjugal property of Aleja and her 2nd husband, the hilly portion was specifically marked in a sketch. Issue: WON Aleja may validly sell a one half portion of a conjugal property, the hilly portion of which had been specifically marked in a sketch. Held: Yes, she may validly sell one-half portion of a lot, the hilly portion of which had been specifically identified/marked in a sketch, but there must be proof that the conjugal property had been partitioned after the death of the 2nd husband. Otherwise, the sale may be considered valid only as Alejas one half interesttherein. Aleja could not have sold particular hilly portion specified in the deed of sale in absence of proof that the conjugal partnership property had been partitioned after the death of Santiago. Before such partition, Aleja could not claim title to any definite portion of the property for all she had was an ideal or abstract quota or proportionate share in the entire property.