Case Digest (G.R. No. L-26575)
Facts:
- Petitioners: Pedro Dimasacat and Ernesto Robles
- Respondents: Court of Appeals, Philippine National Bank (PNB), and Rafael O. Lagdameo
- Property: Four contiguous parcels of land in Tagkawayan, Quezon, totaling approximately 7,236 sq. m., covered by TCT No. 17011
- Initial Ownership: Rafael O. Lagdameo
- Mortgage: Lagdameo mortgaged the land to PNB for P3,500 on June 24, 1946
- Subsequent Sales: Lagdameo sold portions of the land to Robles (1947) and Dimasacat (1948), but these sales were not registered
- Foreclosure: Due to non-payment, PNB foreclosed the property and acquired it at a public auction on April 1, 1955
- Redemption Period: Lapsed without redemption, leading to the issuance of TCT No. 24761 in favor of PNB
- Repurchase Attempt: Robles and Dimasacat attempted to repurchase the property from PNB, but their offer was rejected
- Legal Action: Filed Civil Case No. 33-G in the Court of First Instance of Quezon on December 5, 1955, to enforce their right to repurchase
- Lower Court Decision: Dismissed their complaint but reserved their right to compel Lagdameo to perform their agreement should he reacquire the property
- Court of Appeals Decision: Reversed the lower court's decision, granting Robles and Dimasacat the right to redeem their respective portions but leaving the issue of redeeming the entire property for future litigation
- Petition for Review: Filed by petitioners seeking a review by certiorari of the Court of Appeals' decision
Issue:
- (Unlock)
Ruling:
- Modification: The Supreme Court modified the decision of the Court of Appeals.
- Co-ownership: Petitioners were declared co-owners of the land to the extent of the interest conveyed to them by Lagdameo.
- Partition: Petitioners were granted the right to partition the property and determine the precise bo...(Unlock)
Ratio:
- Personal Right: Petitioners purchased only small portions of the land, giving them at best a personal right to demand co-ownership status from Lagdameo.
- Unregistered Sales: Their deeds of sale were not registered, and the portions sold were not surveyed or delimited by metes and bounds.
- Limited Redemption: Petitioners could not claim the right to redeem the entire property.
- Reference Case: Referenced Magno v. Viola case: A co-tenant may redeem the entire joint estate but would be deemed to have acted for the benefit of all co-tenants.
- Specific Right: Petitioners' right to redeem was limited to the portions sold to them by Lagdameo.
- Lagdameo's Repurchase: Since Lagdameo repurcha...continue reading
Case Digest (G.R. No. L-26575)
Facts:
The case involves petitioners Pedro Dimasacat and Ernesto Robles against respondents the Court of Appeals, Philippine National Bank (PNB), and Rafael O. Lagdameo. The dispute centers around the right to redeem a property initially owned by Lagdameo, who mortgaged it to PNB. The property in question consists of four contiguous parcels of land in Tagkawayan, Quezon, with a total area of approximately 7,236 sq. m., covered by TCT No. 17011. Lagdameo mortgaged the land to PNB for P3,500 on June 24, 1946. Subsequently, he sold portions of the land to Robles and Dimasacat in 1947 and 1948, respectively. However, these sales were not registered. Due to non-payment of the mortgage, PNB foreclosed the property extrajudicially and acquired it at a public auction on April 1, 1955. The statutory redemption period lapsed without redemption, leading to the issuance of TCT No. 24761 in favor of PNB. Robles and Dimasacat attempted to repurchase the property from PNB, but their offer was rejected. Consequently, they filed Civil Case No. 33-G in the Court of First Instance of Quezon on December 5, 1955, to enforce their right to repurchase. The lower court dismissed their complaint but reserved their right to compel Lagdameo to perform their agreement should he reacquire the...