Cabales, et al. v. CA, et al., G.R. No. 162421

Category: Obligations and Contracts

Cabales, et al. v. CA, et al., G.R. No. 162421

A property was the subject of co-ownership. Some of the co-owners sold the whole property without the consent of the two others, Nelson, a minor and his mother. Explaining the nature of the sale, the SC ruled:

The sale insofar as their shares are concerned is unenforceable because it was entered into in the name of another person by one who had not given authority. (Art. 1403(1), NCC). Nelson and his mother, therefore, retained ownership over their undivided share of subject property. (Cabales, et al. v. CA, et al., G.R. No. 162421, August 31, 2007).