Spouses Joaquin v.

CA
GR No. 126376
November 20, 2003
Nature: Petition for review on certiorari
Doctrine: The legitime of a compulsory heir is merely inchoate and vests
only upon the death of the parents. While still alive, the parents are free to
dispose of their properties, provided such dispositions are not made in
fraud of creditors.
Facts:
Spouses Leonardo Joaquin and Feliciana Landrito are the parents of
plaintiffs Consolacion, Nora, Emma and Natividad, as well as of
defendants Fidel, Tomas, Artemio, Clarita, Felicitas, Fe and Gavino.
Sought to be declared null and void ab initio are certain deeds of
sale of real property executed by defendant parents in favour of
their co-defendant children.
The plaintiff children are claiming that no actual valid consideration
for the deeds of sale were made and that the purported sale was
the result of a deliberate conspiracy designed to unjustly deprive
the rest of the compulsory heirs of their legitime.
Issue: Were the deeds of sale by the parents to their co-defendant
children valid? Yes.
Ruling:
The right of children to the properties of their parents, as
compulsory heirs, is merely inchoate and vests only upon the
parents death. While still alive, parents are free to dispose of their
properties, provided such dispositions are not made in fraud of
creditors.
Compulsory heirs have the right to a legitime but such right is
contingent since said right commences only from the moment of
death of the decedent.
There can be no legitime to speak of prior to the death of their
parents. In determining the legitime, the value of the property left
at the death of the testator shall be considered.
The legitime of a compulsory heir is computed as of the time of the
death of the decedent. Plaintiffs cannot claim an impairment of their
legitime while their parents live.
The testimony of the defendants particularly that of the father will
show that the Deeds of Sale were all executed for valuable
consideration.
Petitioners failed to show that the prices in the Deeds of Sale were
absolutely simulated.