Ferrer vs. Spouses Diaz
Ferrer vs. Spouses Diaz
Ferrer vs. Spouses Diaz
On appeal, the Pangans faulted the trial court in holding them jointly and severally liable with
the Diazes and Comandante. On the other hand, the Diazes and Comandante, on the other
hand, imputed error upon the trial court in rendering summary judgment in favor of
petitioner. They averred that assuming the summary judgment was proper, the trial court
should not have considered the Real Estate Mortgage Contract and the Promissory Note as
they were defective, as well as petitioner’s frivolous and non-registrable adverse claim.
CA declared Comandante’s waiver of hereditary rights null and void. However it found the
Real Estate Mortgage executed by Comandante on behalf of her parents as binding between
the parties thereto. As regards the Pangans, the CA ruled that the mortgage contract was not
binding upon them as they were purchasers in good faith and for value. The property was free
from the mortgage encumbrance of petitioner when they acquired it as they only came to
know of the adverse claim through petitioner’s phone call which came right after the former’s
acquisition of the property. The CA further ruled that as Comandante’s waiver of hereditary
rights and interests upon which petitioner’s adverse claim was based is a nullity, it could not
be a source of any right in his favor. Hence, the Pangans were not bound to take notice of
such claim and are thus not liable to petitioner.
ISSUES: WON The Waiver of Hereditary Rights and Interest Over a Real Property (Still
Undivided) executed by Comandante is null and void for being violative of Art. 1347 of the
Civil Code, hence, petitioner’s adverse claim which was based upon such waiver is likewise
void and cannot confer upon petitioner any right or interest over the property.
RULING: Pursuant to the second paragraph of Article 1347 of the Civil Code, no contract
may be entered into upon a future inheritance except in cases expressly authorized by law.
For the inheritance to be considered "future", the succession must not have been opened at
the time of the contract. A contract may be classified as a contract upon future inheritance,
prohibited under the second paragraph of Article 1347, where the following requisites
concur:
(2) That the object of the contract forms part of the inheritance; and,
(3) That the promissor has, with respect to the object, an expectancy of a right which
is purely hereditary in nature.
In this case, there is no question that at the time of execution of Comandante’s Waiver of
Hereditary Rights and Interest Over a Real Property (Still Undivided), succession to either of
her parent’s properties has not yet been opened since both of them are still living. With
respect to the other two requisites, both are likewise present considering that the property
subject matter of Comandante’s waiver concededly forms part of the properties that she
expect to inherit from her parents upon their death and, such expectancy of a right, as shown
by the facts, is undoubtedly purely hereditary in nature.
From the foregoing, it is clear that Comandante and petitioner entered into a contract
involving the former’s future inheritance as embodied in the Waiver of Hereditary Rights and
Interest Over a Real Property (Still Undivided) executed by her in petitioner’s favor, hence
not valid and the same cannot be the source of any right or create any obligation between
them for being violative of the second paragraph of Article 1347 of the Civil Code.
Anent the validity and effectivity of petitioner’s adverse claim, it is provided in Section 70 of
PD 1529, that it is necessary that the claimant has a right or interest in the registered land
adverse to the registered owner and that it must arise subsequent to registration. Here, as no
right or interest on the subject property flows from Comandante’s invalid waiver of
hereditary rights upon petitioner, the latter is thus not entitled to the registration of his
adverse claim. Therefore, petitioner’s adverse claim is without any basis and must
consequently be adjudged invalid and ineffective and perforce be cancelled.
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