Case Summary (G.R. No. 101858)
Factual Background
The case revolves around a dispute over unregistered residential land in Bambang, Bulacan, originally owned by Romualda Meneses, who passed away leaving her estate to her compulsory heirs, including Valentin Castillo. The heirs did not partition the estate. One heir, Gregorio Castillo, sold his undivided interest in the property to Arturo Samonte without notifying the other co-heirs. Valentin Castillo learned of the sale in September 1956 and sought to redeem the property.
Trial Court's Findings
The trial court ruled in favor of Valentin Castillo, ordering Arturo Samonte to reconvey the property to him upon payment of the P1,000.00 sale price and awarding attorney's fees. Samonte appealed, raising several errors regarding the inclusion of Gregorio Castillo as a party and Valentin Castillo's right to redeem the property.
Inclusion of the Vendor in the Case
The appellate court found that the trial court was not obligated to include Gregorio Castillo as a party in the case. Although he was a necessary party due to his role as the vendor, he was not indispensable for adjudicating the matter. Samonte, as the purchaser, was considered to have knowledge of the right of redemption by the co-heirs, thereby affirming Valentin Castillo’s position in the appeal.
Right to Redemption Under Article 1088
In assessing the right to redemption, the appellate court noted that Article 1088 of the New Civil Code gives co-heirs the right to redeem inherited rights sold to a third party. The court agreed that Valentin Castillo had the right to redeem when he learned of the sale, as he was not given written notice by Gregorio Castillo. The court distinguished between registered and unregistered land, stating that the legal notice provisions applied only to registered land and that the absence of written notice barred Samonte's argument on the sufficiency of the registration as notice.
Timing of Redemption Offer
The case highlighted that upon learning of the sale, Valentin Castillo promptly offered to redeem the property within the 30-day period prescribed by law. The court clarified that regardless of the time elapsed before filing the complaint, offering to redeem within the stipulated timeframe established his right to pursue legal action.
Award of Attorney’s Fees
In reviewing the award of attorney's fees to Valentin Castillo, the appellate court found that the trial court failed to provide justifiable reasons for this award, as required under Article 2208 of the
...continue readingCase Syllabus (G.R. No. 101858)
Case Citation
- G.R. No. L-13146
- Decision Date: January 30, 1960
- Reported in: 106 Phil. 1023
Parties Involved
- Plaintiff and Appellee: Valentin Castillo
- Defendant and Appellant: Arturo Samonte
Procedural History
- Appeal from the decision of the Court of First Instance of Bulacan in Civil Case No. 1424.
- The trial court ordered the reconveyance of property and payment of attorney's fees to the plaintiff.
Facts of the Case
- The deceased, Romualda Meneses, owned unregistered residential land in Bambang, Bulacan, measuring approximately 394 square meters.
- Upon her death, she left behind compulsory heirs: Valentin Castillo and his siblings (Gregorio, Amando, Jose, and Melencia Castillo).
- The property remained undivided due to lack of partition among the heirs.
- On July 13, 1953, Gregorio Castillo sold his undivided interest in the property to Arturo Samonte without notifying the other co-heirs.
- The sale was registered on July 16, 1953.
- In September 1956, Valentin Castillo discovered the sale and attempted to redeem the property, which Samonte refused.
- Valentin filed a complaint on December 19, 1956, seeking to compel Samonte to resell the property.
Trial Court's Decision
- The trial court ruled in favor of Valentin Castillo, ordering the de