Case Digest (G.R. No. 66101)
Facts:
Spouses Jose Fabia and Anita Fabia v. Intermediate Appellate Court, Angel Mararac and Remedios Alejandro, Eugenio, Gildo and Romeo Mararac, represented by their mother Carlina Rafanan, G.R. No. L-66101, November 21, 1984, Supreme Court First Division, Gutierrez, Jr., J., writing for the Court.The respondents (the Mararacs) sued the petitioners (the Fabias) in the Court of First Instance of Pangasinan, Branch II, in an action brought as a claim for the right of legal redemption under Article 1621 of the Civil Code to redeem a parcel of land that had been sold to the Fabias. The complaint described the subject property as a "parcel of residential land" of about 1,120 square meters and alleged that the plaintiffs resided on the adjoining lot to the east.
The parties stipulated facts at pretrial: the land was sold by Hugo Mararac to Leonardo Mararac and Monica Resuello on March 27, 1971; Leonardo and Monica sold it to the Fabias on February 25, 1975; the Fabias declared the land for tax purposes on April 8, 1975; there were no offers of redemption at the earlier or later sale; the southern boundary was a barrio road; the land was fenced and had coconut and banana trees and a fishwell; respondents lived on the adjoining lot; plaintiffs offered to redeem and were willing and able to pay.
At the trial court the parties produced evidence and an ocular inspection was made on February 28, 1978. The Court of First Instance ruled for the petitioners, finding that the subject lot was residential rather than rural and therefore not subject to redemption under Article 1621; it also observed that the presence of trees and a fishwell did not convert an ordinary residence into agricultural land.
On appeal the respondent Intermediate Appellate Court reversed, holding the property to be rural in character and ordering that the plaintiffs-appellants be allowed to redeem the land upon depo...(Subscriber-Only)
Issues:
- May the land in question be considered rural for purposes of legal redemption under Section 2, Chapter 7, Title VI, New Civil Code (Article 1621)?
- If the land is rural, are the respondents nevertheless barred by laches from exercising their rig...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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