Spouses Joaquin v. CA GR No. 126376 November 20, 2003 Carpio, J.

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.