PHILIPPINE BANKING CORPORATION, representing the estate
of JUSTINA SANTOS Y CANON FAUSTINO, deceased vs. LUI SHE in her own behalf and as administratrix of the intestate estate
of Wong Heng, deceased, G.R. No. L-17587, September 12, 1967
“x x x.
Nor is there merit in the claim that as the portion of the
property formerly owned by the sister of Justina Santos was still in the
process of settlement in the probate court at the time it was leased, the lease
is invalid as to such portion. Justina Santos became the owner of the entire
property upon the death of her sister Lorenzo on September 22, 1957 by force of
article 777 of the Civil Code. Hence, when she leased the property on November
15, she did so already as owner thereof. As this Court explained in upholding the sale made by an heir of a
property under judicial administration:
That the land could not ordinarily be levied upon while in custodia
legis does not mean that one of the heirs may not sell the right,
interest or participation which he has or might have in the lands under
administration. The ordinary execution of property in custodia
legis is prohibited in order to avoid interference with the possession
by the court. But the sale made by an heir of his share in an inheritance,
subject to the result of the pending administration, in no wise stands in the
way of such administration.6
X x x.”
