G.R. No. 129118 - De Guzman, Jr. vs. Commission on Elections

Rufino Cabales died intestate on July 4, 1966, leaving a 5,714-square meter land located in Brgy. Rizal, Sogod, Southern Leyte, covered by Tax Declaration No. 17270.
Surviving heirs were his wife Saturnina and children Bonifacio, Albino, Francisco, Leonora, Alberto, and petitioner Rito Cabales, who collectively inherited the land.
Upon Rufino’s death, the law (Article 996, New Civil Code) provided that the surviving spouse and children shared the inheritance equally.

On July 26, 1971, co-owner brothers Bonifacio, Albino, and Alberto sold the property to Dr. Cayetano Corrompido for P2,000, with a right to repurchase (pacto de retro) within eight years.
The sale proceeds of P2,000 were divided equally among the three siblings, each receiving P666.66.
On August 18, 1971, Alberto secured a “vale” (a note) of P300 from Corrompido.
Alberto died in 1972, leaving his wife and their son, petitioner Nelson Cabales, as his heirs.
On December 18, 1975, within the redemption period, Bonifacio and Albino tendered payment to Corrompido, but he only released the property documents after Saturnina paid for Alberto’s share including the P300 “vale.”

On the same day, December 18, 1975, Saturnina with four of her children—Bonifacio, Albino, Francisco, and Leonora—sold the land to respondents Jesus and Anunciacion Feliano for P8,000.
The Deed of Sale specified that P2,286 representing the shares of Alberto’s heirs and minor Rito Cabales were held in trust by the vendees and payable when they reached majority age.
On December 17, 1985, a certificate of title was issued in the Spouses Felianos’ names.
On December 30, 1985, an affidavit was executed clarifying that Nelson would receive only P176.34 upon reaching 21, as Saturnina had paid Corrompido P966.66 for Alberto’s obligations.
On July 24, 1986, then 24-year old Rito acknowledged receipt of P1,143 from respondent Jesus Feliano, representing his share of sale proceeds.

Saturnina died in 1988.
Petitioner Nelson learned of the sale in 1988 and officially expressed intent to redeem the property in 1993 via barangay conciliation.
On January 12, 1995, petitioners filed a complaint for redemption and damages before the RTC of Maasin, Southern Leyte, arguing that the sale was void because they were minors at the time and that they retained ownership rights.
Respondents argued petitioners were estopped; Rito had accepted proceeds and Nelson failed to tender the redemption price timely. They also raised laches and prescription defenses.
RTC ruled against petitioners on August 11, 2000, holding that Alberto and his heirs lost rights when they failed to repurchase, and that Saturnina was subrogated to Alberto’s rights. It also held Rito’s sale valid through legal guardian Saturnina.
On appeal, the CA modified the decision:

Sale of Rito’s share was unenforceable for lack of authority but ratified by receipt of proceeds, thus binding.
Nelson was a co-owner to 1/7 share since Saturnina was not subrogated to Alberto’s rights.
Nelson had to pay the amount Saturnina advanced for Alberto’s obligations.
Nelson’s claim was denied due to failure to tender redemption money within the legal period.

Petitioners contend the CA erred by recognizing Nelson as co-owner but denying his right to redeem, and by not recognizing Rito as co-owner with redemption rights.

Whether petitioner Nelson Cabales is a co-owner of the land and whether he retains the right of legal redemption considering the sale executed by his co-heirs.
Whether petitioner Rito Cabales is a co-owner with the right of legal redemption despite the sale of the property by his legal guardian.
Whether failure to tender or consign the redemption price within the prescribed period, or the absence of written notice, bars petitioners from exercising the right of legal redemption.