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3/18/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 106
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* SECOND DIVISION
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has been positive abuse of discretion. In the instant case, the offer
of Felix Ong to buy the property at a higher price would not make
the approval of the sale a grave abuse of discretion because the
difference in the prices was not the only factor taken into
consideration by the probate court in approving the sale.
Same; Same; Bond; Noncompliance of requirements for
posting of a bond to prevent sale of property; Case at bar.
Moreover, Felix Ong did not comply with the provisions of
Section 3, Rule 89 of the Rules of Court by submitting a bond in
order to prevent the sale of the property.
Same; Same; Equity; Setting aside sale after the executrix had
accepted benefits from the sale and the vendee purchased the
property in good faith is inequitous; Subsequent increase in value
of property not justification for rejecting a conveyance made by the
estate's administrator.It would be highly iniquitous to set aside
the sale after the executrix had accepted benefits therefrom.
Besides, it has already been held that the subsequent increase in
the value of the property is not sufficient reason for turning down
a conveyance made by an administrator of an estate.
116
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1 Rollo, p. 51.
2 Id, p. 58.
117
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3 Id., p. 67.
4 Saguinsin vs. Lindayag, 116 Phil. 1193:
5 Litonjua vs. Montilla, 90 Phil. 757.
6 Fernandez vs. Montejo, 109 Phil. 701.
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3/18/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 106
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7 Rollo, p. 132.
119
which she filed with the probate court, on the ground that
the said sale is detrimental to the estate because the
property is now worth P1,000.00, it is important to bear in
mind that the sale was actually made and the vendee,
intervenor herein, made the purchase in good faith. He had
already paid the purchase price to the executrix who used
part of it "to pay the estate and inheritance taxes due from
the estate of the late Ponciano Ong Lacson, Sr., and his late
wife Eugenia Ocampo Lacson as well as in the necessary
repairs made to preserve the family residence and 8
the 4
door apartment building belonging to the estate." It would
be highly iniquitous to set aside the sale after the executrix
had accepted benefits therefrom. Besides, it has already
been held that the subsequent increase in the value of the
property is not sufficient reason for turning 9down a
conveyance made by an administrator of an estate.
WHEREFORE, the judgment appealed from is hereby
reversed, and another one entered affirming the order of
the probate court issued in Spec. Proc. No. Q14700 of the
Court of First Instance of Rizal, Branch IX, Quezon City,
entitled: "Testate Estate of the Late Ponciano Ong Lacson,
Sr., Dra. Elena Ong Escutin, executrix," on August 10,
1978. With costs against Felix Ong.
SO ORDERED.
Judgment reversed.
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8 Id, p. 127.
9 Cruz vs. Ilagan, 81 Phil. 554.
* Mr. Justice Juvenal K. Guerrero, a member of the First Division, was
designated to sit in the Second Division in lieu of Mr. Justice Vicente
Abad Santos who took no part.
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3/18/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 106
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