82) ZOSA - 217 SCRA 187

PETITIONERS: Herodotus Acebedo and Demosthenes Acebedo

RESPONDENTS: Hon. Bernardo Abesamis, Miguel Acebedo, Alexander Acebedo,
Napoleon Acebedo, Rizalino Acebedo, Republica Acebedo, Filipinas Acebedo and
Yu Hwa Ping
TOPIC: Co-ownership, Special Properties [heirs]
DOCTRINE: The Court further elaborated that 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.
FACTS: The late Felix Acebedo left an estate with a conservative estimated value of
about P30 million with some unsettled claims. He was succeeded by eight heirs: the
petitioners and the private respondents of this case.
Due to the prolonged pendency of the case before the respondent Court for
sixteen years, the respondents-heir filed a Motion for Approval of Sale. The said
sale involved four titles of the estate, priced at P12 million. P6 million had already
been given by the buyer Yu Hwa Ping, as earnest money. The respondent-heirs
believed that the balance of P6 million is more than enough to pay the unsettled
claims against the estate. Thus, they prayed to direct Herodotus, the petitioneradministrator, to sell the said properties, pay all unsettled claims, and distribute the
remaining properties to the heirs.
Herodotus filed an Opposition to Approval of Sale, for the reason that the
said transaction with Yu Hwa Ping was without his knowledge as administrator,
without the consent of the other heirs, without the approval of the Honorable Court
and at a shockingly low price. Herodotus also filed a criminal complaint against Yu
Hwa Ping for causing the notarization of the Deed of Conditional Sale where
Herodotus signature was allegedly made to appear. Herodotus filed for the
declaration by the Court of the nullity of the Deed of Conditional Sale and the Deed
of Absolute Sale.
For seven months, the petitioners failed to find a better buyer. Instead, they
filed a Motion for Leave of Court to Mortgage and Lease some of the Properties of
the Estate. The private respondents opposed on the ground that there is a pending
motion to approve the sale of the said properties, that said conditional sale was
initiated by petitioners who had signed a receipt for P500,000 as earnest money; that
the approval of the sale would mean Yu Hwa Pings assumption of payment of the
realty taxes. But the court granted the leave to mortgage some properties of the
estate, subject to the approval of the court.

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.