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    Go Ong V CA

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    Vener Angelo Margallo
    This case discusses the transmission of successional rights from a deceased husband to his surviving wife. Specifically, it examines whether a mortgage constituted by the wife over a parcel of land requiring her administration as the deceased's administratrix is valid without judicial approval. The Supreme Court held that the mortgage was valid with respect to the wife's conjugal share and hereditary rights, as these substantive rights were not adversely affected by the lack of judicial approval required under the Rules of Court. The wife mortgaged the property willingly in her personal capacity to secure a loan, not in her role as administratrix. Therefore, judicial approval was not necessary for the transmission of her well-defined succession rights from her deceased spouse.

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    Go Ong V CA

    Uploaded by

    Vener Angelo Margallo
    91 views2 pages
    This case discusses the transmission of successional rights from a deceased husband to his surviving wife. Specifically, it examines whether a mortgage constituted by the wife over a parcel of land requiring her administration as the deceased's administratrix is valid without judicial approval. The Supreme Court held that the mortgage was valid with respect to the wife's conjugal share and hereditary rights, as these substantive rights were not adversely affected by the lack of judicial approval required under the Rules of Court. The wife mortgaged the property willingly in her personal capacity to secure a loan, not in her role as administratrix. Therefore, judicial approval was not necessary for the transmission of her well-defined succession rights from her deceased spouse.

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    3. Go Ong v CA

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    This case discusses the transmission of successional rights from a deceased husband to his surviving wife. Specifically, it examines whether a mortgage constituted by the wife over a parcel of land requiring her administration as the deceased's administratrix is valid without judicial approval. The Supreme Court held that the mortgage was valid with respect to the wife's conjugal share and hereditary rights, as these substantive rights were not adversely affected by the lack of judicial approval required under the Rules of Court. The wife mortgaged the property willingly in her personal capacity to secure a loan, not in her role as administratrix. Therefore, judicial approval was not necessary for the transmission of her well-defined succession rights from her deceased spouse.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    91 views2 pages

    Go Ong V CA

    Uploaded by

    Vener Angelo Margallo
    This case discusses the transmission of successional rights from a deceased husband to his surviving wife. Specifically, it examines whether a mortgage constituted by the wife over a parcel of land requiring her administration as the deceased's administratrix is valid without judicial approval. The Supreme Court held that the mortgage was valid with respect to the wife's conjugal share and hereditary rights, as these substantive rights were not adversely affected by the lack of judicial approval required under the Rules of Court. The wife mortgaged the property willingly in her personal capacity to secure a loan, not in her role as administratrix. Therefore, judicial approval was not necessary for the transmission of her well-defined succession rights from her deceased spouse.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CIVIL LAW REVIEW I – ATTY.

    LEGARDA

    Go Ong v. Court of Appeals AUTHOR: Margallo, Vener Angelo C.


    G.R. No. L-75884, 24 September 1987 NOTES:
    TOPIC: Transmission of Successional Rights
    PONENTE:Paras, J.
    CASE LAW/ DOCTRINE:
    The reference to judicial approval in Sec. 7, Rule 89 of the Rules of Court cannot adversely affect the substantive rights
    of private respondent to dispose of her ideal [not inchoate, for the conjugal partnership ended with her husband's death,
    and her hereditary rights accrued from the moment of the death of the decedent (Art. 777, Civil Code)] share in the co-
    heirship and/or co-ownership formed between her and the other heirs/co-owners.
    FACTS:

     Two (2) parcels of land in Quezon City are in the name of 'Alfredo Ong Bio Hong married to Julita Go Ong'

     Alfredo Ong Bio Hong died and Julita Go Ong was appointed administratrix of her husband's estate

     Thereafter, Julita Go Ong sold Lot No. 12 to Lim Che Boon.

     Julita Go Ong through her attorney-in-fact Jovita K. Yeo (Exh. 1) mortgaged Lot No. 1 to the Allied Banking
    Corporation to secure a loan of P900,000.00 obtained by JK Exports, Inc. with the note: mortgagee's consent
    necessary in case of subsequent alienation or encumbrance of the property

     On the loan there was due the sum of P828,000.00 and Allied Banking Corporation tried to collect it from Julita Go
    Ong, (Exh. E). Hence, the complaint alleging nullity of the contract for lack of judicial approval which the bank had
    allegedly promised to secure from the court.

     RTC: 'After the dissolution of the marriage with the death of plaintiff's husband, the plaintiff acquired, by law, her
    conjugal share, together with the hereditary rights thereon. Consequently, the mortgage constituted on said
    property, upon express authority of plaintiff, notwithstanding the lack of judicial approval, is valid, with respect to
    her conjugal share thereon, together with her hereditary rights.'"

    ISSUE(S): Whether or not the mortgage constituted over the parcel of land under the petitioner’s administration is null
    and void for want of judicial approval.

    HELD: NO.
    RATIO:

     While petitioner's assertion may have merit insofar as the rest of the estate of her husband is concerned, the same is
    not true as regards her conjugal share and her hereditary rights in the estate.

     The records show that petitioner willingly and voluntarily mortgaged the property in question because she was
    promised by JK Exports, Inc. the sum of P300,000.00 from the proceeds of the loan; and that at the time she
    executed the real estate mortgage, there was no court order authorizing the mortgage, so she took it upon herself, to
    secure an order.

     Thus, in confirming the findings of the lower court, as supported by law and the evidence, the Court of Appeals
    aptly ruled that Section 7 of Rule 89 of the Rules of Court is not applicable, since the mortgage was constituted in
    her personal capacity and not in her capacity as administratrix of the estate of her husband.

     The reference to judicial approval in Sec. 7, Rule 89 of the Rules of Court cannot adversely affect the substantive
    CIVIL LAW REVIEW I – ATTY. LEGARDA

    rights of private respondent to dispose of her ideal [not inchoate, for the conjugal partnership ended with her
    husband's death, and her hereditary rights accrued from the moment of the death of the decedent (Art. 777, Civil
    Code)] share in the co-heirship and/or co-ownership formed between her and the other heirs/co-owners.

     Sec. 7, Art. 89 of the Civil Code applies in a case where judicial approval has to be sought in connection with, for
    instance, the sale or mortgage of property under administration for the payment, say of a conjugal debt, and even
    here, the conjugal and hereditary shares of the wife are excluded from the requisite judicial approval for the reason
    already adverted to hereinabove, provided of course no prejudice is caused others, including the government.

    DISSENTING/CONCURRING OPINION(S):

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