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Natalia Carpena Opulencia Vs. CA, et al.

NATALIA CARPENA OPULENCIA, petitioner, vs. COURT OF APPEALS, ALADIN SIMUNDAC and MIGUEL OLIVAN, respondents.

G.R. No. 125835 | 1998-07-30

D E C I S I O N

PANGANIBAN, J:

Is a contract to sell a real property involved in testate proceedings valid and binding without the approval of the probate court?

Statement of the Case

This is the main question raised in this petition for review before us, assailing the Decision 1 of the Court of Appeals 2 in CA-GR CV No. 41994 promulgated on February 6, 1996 and its Resolution 3 dated July 19, 1996. The challenged Decision disposed as follows:

"WHEREFORE, premises considered, the order of the lower court dismissing the complaint is SET ASIDE and judgment is hereby rendered declaring the CONTRACT TO SELL executed by appellee in favor...