Right Of Legal Redemption

Category: Sales

Right Of Legal Redemption

In Cabales, et al. v. CA, et al., G.R. No. 162421, August 31, 2007, a property was the subject of co-ownership. The co-owners sold their undivided shares in 1978 and informed the others, like Nelson, a minor of the same in 1993. He signified his intention to redeem the subject property during a barangay conciliation process but filed an action for legal redemption only in 1995. Can he still exercise the right of redemption? Why?

ANS: No, because he did it beyond the 30-day period from the time he learned about the sale. (Art. 1088 & 1623, NCC; Alonzo v. IAC, L-72873, May 28, 1987, 150 SCRA 259).

To require strict proof of written notice of the sale would be to countenance an obvious false claim of lack of knowledge thereof, thus commending the letter of the law over its purpose, i.e., the notification of redemptioners.

There was sufficient notice of the sale to Nelson. The thirty-day redemption period commenced in 1993, after Nelson sought the barangay conciliation process to redeem his property. By January 12, 1995, when he filed a complaint for legal redemption and damages, it is clear that the thirty-day period had already expired. (Cabales, et al. v. CA, et al., G.R. No. 162421, August 31, 2007).