VDA DE GURREA v SUPLICO

G.R. No. 144320

April 26, 2006
FACTS:

Rosalina Gurrea owns a parcel of land located in San Juan , Metro Manila
She transferred the ownership of the same to Adelina Gurrea.
The latter possessed ownership of the land until her death. Thereafter her heirs
instituted the probate of her will for the purpose of settling her estate, the case

was Special Proceedings No. 7185.

One Ricardo Gurrea as duly represented by Atty. Suplico filed an opposition

against the probate.

As a result of the opposition, the heirs arrived at an amicable settlement,
furthermore they drew up a project of partition of which the subject San Juan

lot was distributed to Ricardo Gurrea along with several other properties.
This land was then transferred by Ricardo Gurrea to Atty. Suplico as part of the
contingent fee of 20%, a deed of transfer of rights was executed, notarized and

registered in the register of deeds of San Juan

The petitioners herein contends that the said transfer of lot to Atty. Suplico was
null and avoid by reason that Special Proceedings 7185 was not yet terminated,

hence the lot was still a subject of litigation.

According to Article 1491 of the New Civil Code 1491, The following persons
cannot acquire by purchase, even at a public or judicial auction, either in
person or through the mediation of another:

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and
other officers and employees connected with the administration of justice, the
property and rights in litigation or levied upon an execution before the court within
whose jurisdiction or territory they exercise their respective functions; this prohibition
includes the act of acquiring by assignment and shall apply to lawyers, with
respect to the property and rights which may be the object of any litigation in
which they may take part by virtue of their profession.
ISSUE:
1. Whether or not Special Proceedings 7185 have already been closed and
terminated when the subject lot was transferred to Atty. Suplicio ?

2. What will be the status of the transfer or rights and interest in case the
probate proceedings have not yet been closed?

HELD:
1. As correctly cited by petitioners, the Court held in Lucero v. Baaga that:
[t]he term delivery or tradition has two aspects: (1) the de jure delivery or the
execution of deeds of conveyance and (2) the delivery of the material possession
(The usual practice is that, if the land to be delivered is in the name of the decedent,
the administrator executes a deed, conveying the land to the distributee. That deed,
together with the project of partition, the order approving it, the letters of
administration and the certification as to the payment of the estate, inheritance and
realty taxes, is registered in the corresponding Registry of Deeds. Title would then be
issued to the distributee.
Thereafter, the administrator or executor places him in material possession of the land
if the same is in the custody of the former.
There being no evidence to show that material possession of the property was given to
Ricardo, the probate proceedings concerning Adelinas estate cannot be deemed to
have been closed and terminated and the subject property still the object of litigation.
2 . Having been established that the subject property was still the object of litigation at
the time the subject deed of Transfer of Rights and Interest was executed, the
assignment of rights and interest over the subject property in favor of respondent is
null and void for being violative of the provisions of Article 1491 of the Civil Code
which expressly prohibits lawyers from acquiring property or rights which may be the
object of any litigation in which they may take part by virtue of their profession