Heirs of Arturo Reyes v. Socco-Beltran, G.R. No.

176474


Facts: Elena Socco-Beltran (Socco) filed an application for Lot No. 6-B, alleging that it
was adjudicated in her favor in the extra-judicial settlement of Constancia Soccos
estate, before the Department of Agrarian Reform (DAR). The heirs of Arturo Reyes
opposed the application on the ground that Lot No. 6-B was sold by Miguel R. Socco,
brother of Socco, in favor of their father, Atty. Arturo Reyes, as evidenced by the
Contract to Sell.

Issue: Whether or not petitioners have a better right to the subject property over the
respondents?

Ruling: The Court ruled that the petitioners could not derive title of Lot No. 6-B because
Miguel R. Socco was not yet the owner of the said lot and was only expecting to inherit
the same. The contract was a conditional sale, conditioned upon the event Miguel Socco
would actually inherit and become the owner of the said property. The Court, relying on
Article 1459 of the Civil Code on contracts of sale, said that, The thing must be licit and
the vendor must have the right to transfer the ownership thereof at the time it is
delivered. The law specifically requires that the vendor must have ownership of the
property at the time of it is delivered. Hence, there was no valid sale from which
ownership of the property could have transferred from Miguel Socco to Arturo Reyes,
since, at the time of the execution, the former was not yet the owner of the same and
was only expecting to inherit it. Furthermore, Arturo Reyes, not having acquired
ownership of the property, could not have conveyed the same to his heirs.