Case Digest (G.R. No. L-6251)
Facts:
Leonora Manaois, et al. v. Jose Zamora, et al., G.R. No. L-6251, January 31, 1956, the Supreme Court, Paras, C.J., writing for the Court.The petitioners — sisters Leonora, Juliana, and Inocencia Manaois and brother Gregorio Manaois — and defendant Florencio Manaois (their brother) and a nonparty niece, Francisca de Guzman, were co-owners pro indiviso of a rural parcel in Barrio Lomboy, Binmaley, Pangasinan, inherited from their father Cenon Manaois. By a public partition deed dated January 10, 1943 (Exhibit 1), the lot was allotted in specified fractional portions to the heirs; after the partition each took possession of their respective portions.
On April 2, 1943 Florencio executed a public deed (Exhibit 2) conveying his one-fourth share to Jose Zamora for P500. Zamora at once entered into possession of that portion with the acquiescence of Gregorio and in the presence of the husbands of two sisters. Zamora thereafter sought the certificate of title from the law firm De la Pena Cruz, Arboleda and Peña; by arrangement and payment of P45 (to discharge a debt of the deceased to the firm), Attorney Arboleda executed a deed of release and, on May 3, 1943, Zamora and Gregorio obtained owner's duplicates of two certificates of title (No. 52914 among them).
Zamora attempted to record his deed of sale but was told a copy of the partition deed was required; unable to secure it immediately he delayed registration. On July 22, 1946 he again presented the conveyance to the Register of Deeds, which accepted and entered it; on that same date the plaintiffs instituted an action for legal redemption under Articles 1523 and 1524 of the old Civil Code. The Court of First Instance of Pangasinan dismissed the plaintiffs' action; the Court of App...(Subscriber-Only)
Issues:
- Under Article 1524 of the old Civil Code, does the nine-day period for exercising the right of legal redemption begin to run from the date of registration of the deed (inscription in the registry) or from the earlier date the redemptioner had actual knowl...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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