Title
Viola vs. Tecson
Case
G.R. No. 25739
Decision Date
Dec 24, 1926
Plaintiffs, subsequent co-owners, validly exercised legal redemption within nine days to reclaim a one-fourth share sold to defendants, upheld by the Supreme Court.
A

Case Digest (G.R. No. 25739)

Facts:

  • Background of the Property
    • The property involved was originally held in common by three individuals: Fortunato Capistrano, Nicolas C. Cruz, and Felix Cepilio Cruz.
    • On September 26, 1923, the plaintiffs, Maximo Viola and Juana Roura, acquired three-fourths of the property from Fortunato Capistrano and Nicolas C. Cruz.
    • Felix Cepilio Cruz, one of the original co-owners, did not exercise his right of legal redemption when his share was involved in the sale.
  • Subsequent Sale of Felix Cepilio Cruz’ Share
    • On March 7, 1925, Clara Santos, acting as the administratrix of the intestate estate of the late Felix Cepilio Cruz, sold one-fourth of his share in the property.
    • The sale was made for the sum of P4,000 to the defendant sisters, Vicenta and Aurelia Tecson.
    • The sale was duly authorized by the court and formally approved on March 10, 1925.
  • Exercise of the Right of Legal Redemption
    • On March 20, 1925, the plaintiffs instituted legal proceedings by filing a complaint.
    • In the complaint, the plaintiffs prayed for the transfer of the one-fourth share from the defendants on the basis of their right of legal redemption.
    • Prior to the filing of the complaint, the plaintiffs had already requested the defendants to permit them to repurchase the share from Felix Cepilio Cruz.
    • The plaintiffs had actual knowledge of the sale only on the 15th of March, 1925, and were able to exercise their right within the nine-day period provided by law.

Issues:

  • Scope of the Right of Legal Redemption
    • Whether the right of legal redemption as provided under Article 1522 of the Civil Code extends solely to the original co-owners or also to their successors who acquire their shares while the community still exists.
  • Timeliness in Exercising the Right
    • Whether the plaintiffs exercised their right within the prescribed nine days, considering that the sale was made on March 7, approved on March 10, and the plaintiffs were only aware of it on March 15 before filing the complaint on March 20.
  • Validity of Extending Redemption Rights to Successors
    • Whether it is legally appropriate to recognize the plaintiffs' claim as valid, despite the argument that they were not the original co-owners of the property in question.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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