Adille vs CA G.R. No. L-44546 January 29, 1988

FACTS:

The property in dispute was originally owned by Felisa Alzul who got married twice. Her child in the first marriage was petitioner Rustico Adile and her children in the second marriage were respondents Emetria Asejo et al.

During her lifetime, Felisa Alzul sodl the property in pacto de retro with a three-year repurchase period.

Felisa died before she could repurchase the property.

During the redemption period, Rustico Adille repurchased the property by himself alone at his own expense, and after that, he executed a deed of extra-judicial partition representing himself to be the only heir and child of his mother Felisa. Consequently, he was able to secure title in his name alone.

His half-siblings, herein respondents, filed a case for partition and accounting claiming that Rustico was only a trustee on an implied trust when he redeemed the property, and thus, he cannot claim exclusive ownership of the entire property.

ISSUE:

Whether or not a co-owner may acquire exclusive ownership over the property held in common.

Whether or nor Rustico had constituted himself a negotiorum gestor

HELD: No. The right to repurchase may be exercised by a co-owner with respect to his share alone. Although Rustico Adille redeemed the property in its entirety, shouldering the expenses did not make him the owner of all of it.

Yes. The petitioner, in taking over the property, did so on behalf of his co-heirs, in which event, he had constituted himself a negotiorum gestor under Art 2144 of the Civil Code, or for his exclusive benefit, in which case, he is guilty of fraud, and must act as trustee, the respondents being the beneficiaries, pursuant to Art 1456.