MCIAA v Heirs of Gavina Ijordan- Sale by co-owners

Facts:
 On October 14, 1957, Julian Cuison, one of the Heirs of Gavina, co-owner of the
disputed property in Lapu-lapu city Cebu, sold the land to Mactan Cebu International
Aiport Authority (MCIAA)’s predecessor-in interest, Civil Aeronautics Administration
(CAA).
 Julian sold it through Extrajudicial settlement with sale purporting to be
the sole heir
 In 1980, respondents caused the reconstitution of the OCT involving lot no. 4539, new
OCT issued under the names of the heirs. Asserted that they did not sold the lot nor
authorized Julian to sell it.
 MCIAA sued Respondents for cancellation of title, issuance of title did not confer right in
favor of respondents bec. it was sold to the Govt in 1957.

RTC: Dismissed complaint pertaining to respondents’ share but upheld the validity of
sale of Julian’s 1/22 share.
CA: affirmed RTC

Issue: was the lot validly conveyed in its entirety to MCIAA?

SC: NO. Conveyance of Julian did not bind respondents for their lack of consent and authority in
his favor. DAS has no legal effect as to the shares of the heirs. As ruled in Torres, Jr. v.
24
Lapinid: x x x even if a co-owner sells the whole property as his, the sale will affect only his
own share but not those of the other co-owners who did not consent to the sale.