Case Summary (G.R. No. L-5536)
Legal Framework
The applicable law governing this case is the old Civil Code, particularly Article 1523 on legal redemption and Article 1524 regarding the period for redemption, which is fixed at nine days. The decision hinges on the interpretation of these provisions in the context of the facts presented.
Factual Background
Petitioner Laureana Torio and her husband, Julian Raymundo, co-owned a parcel of land, where Julian transferred a half interest to Laureana through a donation propter nuptias executed on April 14, 1937. Subsequently, Julian sold his remaining undivided interest to Nicanor Rosario on May 4, 1944, with the sale properly registered. On May 12, 1944, Laureana filed for legal redemption, claiming her right based on her co-ownership, and she deposited the redemption price of P40 on August 17, 1949. The trial court dismissed her action on the grounds that she failed to make a prior offer to repurchase before filing her claim.
Trial Court's Ruling
The trial court concluded that Laureana Torio lost her right of redemption as she did not make a prior offer to repurchase the property before initiating legal proceedings. This decision was founded on the interpretation that a tender of the redemption price was a sine qua non condition for exercising the right of legal redemption.
Appellate Issues
The pivotal legal question presented for determination is whether Laureana's failure to make a prior offer negated her right to redeem the property despite initiating legal action within the stipulated nine-day period after the sale had been recorded.
Court's Analysis and Findings
Upon review, the higher court found that the trial court erred in its interpretation of the law. It established that a prior tender of the redemption money is not a prerequisite for the exercise of the right of legal redemption. Citing relevant jurisprudence from De la Cruz vs. Marcelino, the court clarified that while the law outlines conditions concerning payments, it does not impose a mandatory requirement for private negotiation or a formal tender prior to the filing of a
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Case Overview
- The case involves Laureana Torio as the plaintiff and Nicanor Rosario as the defendant.
- The context of the case revolves around the right of legal redemption over an undivided interest in a parcel of land located in barrio Lomboy, Binmaley, Pangasinan, as stipulated under Article 1523 of the old Civil Code.
- The case was initially decided against the plaintiff, prompting her to appeal to the Court of Appeals, which subsequently certified the case to the Supreme Court due to its involvement of purely legal questions.
Facts of the Case
- Laureana Torio and her husband Julian Raymundo were co-owners of a parcel of land measuring 21 ares and 84 centares.
- The co-ownership originated from a donation propter nuptias executed on April 14, 1937, wherein Julian transferred half of the property to Laureana.
- On May 4, 1944, Julian sold his undivided one-half interest in the land to Nicanor Rosario, with the deed of sale duly registered on the same day.
- Nicanor took possession of the land immediately after the sale and has maintained this possession since that date.
- Laureana filed for legal redemption on May 12, 1944, and deposited the redemption price of P40 on August 17, 1949.
Lower Court's Decision
- The lower court ruled against Laureana, stating that she lost her right to redeem the property due to her failure to make a prior o