Back

Amorante Plan vs. Intermediate Appellate Court

AMORANTE PLAN, petitioner, vs. INTERMEDIATE APPELLATE COURT and FEDERICO BAUTISTA, respondents.

G.R. No. L-65656 | 1985-02-28

D E C I S I O N


AQUINO, J.:

The issue in this case is whether Federico Bautista could nullify in a separate action, instead of in the intestate proceeding for his deceased father's estate, the sale of two conjugal lots, with the theater thereon, made by his mother Florencia Topacio as administratrix to Amorante Plan with the authorization and approval of the probate court. Federico, who claims a 1/8 interest in the property, alleged that he was not notified of the sale. His mother had a 5/8 interest in the property. The Appellate Court allowed Federico to redeem the said lots although he never prayed for such redemption.

In the...