Right Of Redemption

Category: Sales

Right Of Redemption

If a prospective redemptioner is informed of the sale of a portion of a property subject of co-ownership, he has to exercise the right of legal redemption within 30 days from notice, otherwise, he loses the right. If he was informed in 1993 but filed a complaint for legal redemption in 1995, then, he has lost his right to exercise. 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. (Cabales, et al. v. CA, et al., G.R. No. 162421, August 31, 2007. Puno, C. J).

If a property subject of co-ownership is sold and is redeemed in its entirety by one of the co-owners, does the redemptioner acquire sole ownership? Why?

ANS: No. A co-owner who redeemed the property in its entirety did not make her the owner of all of it. The property remained in a condition of co-ownership as the redemption did not provide for a mode of terminating a co-ownership. (Paulmitan v. CA, G.R. No. 61584, November 25, 1992, 215 SCRA 867; Adille v. CA, 157 SCRA 455 (1988)). But the one who redeemed had the right to be reimbursed for the redemption price and until reimbursed, holds a lien upon the subject property for the amount due. Necessarily, when one redeemed for others who had then acquired his pro-indiviso share in subject property, it did not vest in her ownership over the pro-indiviso share she redeemed. But he had the right for the amount due until reimbursement. The result is that the heirs retained ownership over their pro-indiviso share. (Cabales, et al. v. CA, et al., G.R. No. 162421, August 31, 2007).