Sale of Co-Owner

Protacio, Sr., although becoming a co-owner with his children in respect of Marta’s share in the conjugal partnership, could not yet assert or claim title to any specific portion of Marta’s share without an actual partition of the property being first done either by agreement or by judicial decree. Until then, all that he had was an ideal or abstract quota in Marta’s share. Nonetheless, a co-owner could sell his undivided share; hence, Protacio, Sr. had the right to freely sell and dispose of his undivided interest, but not the interest of his co-owners. Consequently, the sale by Protacio, Sr. and Rito as co-owners without the consent of the other co-owners was not necessarily void, for the rights of the selling co-owners were thereby effectively transferred, making the buyer (Servacio) a co-owner of Marta’s share. This result conforms to the well-established principle that the binding force of a contract must be recognized as far as it is legally possible to do so (quando res non valet ut ago, valeat quantum valere potest) (Heirs of Protacio Go and Marta Barola, namely: Leonor Go, et al. Vs. Ester L. Servacio and Rito B. Go, G.R. No. 157537. September 7, 2011).