DOCTRINE: Ownership passes to the heir at the very moment of death who from that moment acquires the

right to dispose of his share (Article 777). BELINDA TANEDO, et al vs. THE COURT OF APPEALS, SPS. RICARDO AND TERESITA TANEDO FACTS: Petitioners Belinda Tanedo, et al are the children of deceased Lorenzo Tanedo. Respondent Ricardo Tanedo, on the other hand, is the brother of the deceased. In 1962, Lorenzo sold to his brother Ricardo one hectare of his share in a parcel of land located in Tarlac which was owned by his parents. Said property, therefore, is Lorenzos future inheritance from his parents. On February 28, 1980, Lorenzo and Ricardos sole living parent, their father Matias, died. On the same day, Lorenzo executed an Affidavit of Conformity re-affirming the sale he executed in 1962. In 1981, Lazaro executed another Deed of Sale in favor of Ricardo covering his undivided ONE TWELVE (1/12) of a parcel of land known as Lot 191. However, Belinda told Ricardo via a telephone conversation that Lazaro sold the same parcel of land to her and the other petitioners (Belinda et al) on December 29, 1980. Ricardo hastily recorded his Deed of Sale with the Registry of Deeds. Thus, in 1982, the petitioners, children of Lazaro, filed a complaint for rescission (plus damages) of the deeds of sale executed by Lazaro in favor of private respondents covering the property inherited by Lazaro from his father. Both the RTC and the CA upheld the valifity of the 1981 sale and ruled in favor of Ricardo. ISSUES: 1. Is the 1962 sale valid? Otherwise stated, is the sale of future inheritance valid? 2. Is the 1981 sale valid? Otherwise stated, when is ownership vested upon the successor? HELD: The 1962 sale is VOID while the 1981 sale is VALID. Pursuant to Article 1347 of the Civil Code, (n)o contract may be entered into upon a future inheritance except in cases expressly authorized by law. Lazaro was not the owner of the property that he sold in 1962 as it was at that time only his future inheritance from his father, Matias. He had therefore no right to transfer the ownership thereof. The Affidavit of Conformity that he executed in 1980 upon his fathers death did not cure the defect because there was nothing to re-affirm the 1962 sale having been void. On the other hand, the 1981 sale of Lazaros undivided share to Ricardo is valid because ownership passes to the heir at the very moment of death who from that moment acquires the right to dispose of his share. Further, following Article 1544 of the Civil Code, because Ricardo was the first to register his right, he is now deemed the owner of the property in question.