Title
Herdez vs. Quitain
Case
G.R. No. L-48457
Decision Date
Nov 29, 1988
Heirs partitioned inherited land; co-ownership ended, nullifying redemption rights. Sale upheld; adjoining owner’s claim rejected due to lack of proof. Procedural lapse deemed non-fatal.

Case Summary (G.R. No. L-48457)

Background of the Case

The case originated from a dispute over a parcel of land originally part of a larger estate owned by the spouses Crispulo Manlapaz and Antonia Villanueva. Following their deaths, their children, including Ernesta Manlapaz-Valdemoro, extrajudicially partitioned the land. Petitioner Perla Hernandez purchased a portion from one of the siblings, Sancho Manlapaz. Ernesta, claiming she was not informed of the sale, filed a complaint for legal redemption, seeking to reclaim the lot based on her status as a co-owner.

Trial Court's Findings

The trial court ruled in favor of Ernesta, granting her the right to redeem the property based on Articles 1620 and 1623 of the Civil Code, which pertain to the rights of co-owners. The court found that despite the partition, Ernesta retained co-ownership, allowing her the right to redeem the property.

Arguments by the Petitioner

Perla Hernandez contested the trial court’s decision, asserting that the prior extrajudicial partition extinguished any co-ownership the parties had in the property, thus voiding Ernesta’s claim for legal redemption under Article 1620. Petitioner argued that the relationship of co-ownership no longer existed after the partition, making the right to redemption invalid.

Court's Analysis of Co-Ownership

The Supreme Court examined the legal foundations of co-ownership and the applicability of Articles 1620 and 1623. The Court identified that co-ownership is characterized by undivided ownership among different individuals. Citing previous rulings, the Court clarified that once a property is partitioned and ownership is concretely defined, co-ownership ceases, and thus, the right of redemption cannot be invoked.

Precedents and Legal Principles

The Court referenced relevant cases, such as De la Cruz v. Cruz and Caro v. Court of Appeals, which established that the right of legal redemption is tied to the continuous existence of co-ownership. The right is designed to minimize the number of co-owners and does not extend once the property has been partitioned and individual rights to the property have been established.

Respondent's Contentions on Adjoining Owner Rights

Respondent Ernesta attempted to reframe her argument by citing Article 1622, claiming she was entitled to pre-emption as an adjoining owner. However, the Supreme Court determined that she failed to demonstrate essential elements of this claim, notably the requirement that the property be "about to be resold" or that such a resale had already been finalized.

Assessment of Appeal Timeliness

Ernesta raised an argument concerning the timeliness of filing the record on appeal, assertin

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