MILAGROS MANONGSONG, etc., et. al. vs. FELOMENA
JUMAQUIO ESTIMO, et. al., G.
R. No. 136773, June 25, 2003
“x x x.
We likewise find no basis for the trial courts
declaration that the sale embodied in the Kasulatan deprived the compulsory heirs of
Guevarra of their legitimes. As
opposed to a disposition inter
vivos by lucrative or
gratuitous title, a valid sale for valuable consideration does not diminish the
estate of the seller. When the
disposition is for valuable consideration, there is no diminution of the estate
but merely a substitution of values,[30] that is, the property sold is replaced
by the equivalent monetary consideration.
Under Article 1458 of the Civil Code, the elements of a valid
contract of sale are: (1) consent or meeting of the minds; (2) determinate
subject matter and (3) price certain in money or its equivalent.[31] The presence of these elements is
apparent on the face of the Kasulatan itself. The Property was sold in 1957 for P250.00.[32
