Adalia B. Francisco v. Zenaida F. Boiser

Summary

This case involves a dispute over legal redemption rights between co-owner sisters of real property. Adalia Francisco sought to redeem a 1/5 share sold by their mother to another sister, Zenaida Boiser, in 1986. The key issue was whether notice of sale given by the vendee satisfied Article 1623's requirement for written notice to enable redemption. The trial court and Court of Appeals ruled that the vendee's notice was sufficient, but the Supreme Court reversed, holding that Article 1623 clearly requires notice from the vendor, not the vendee. However, the Court found that petitioner had actual knowledge of the sale when she received summons in a related case on August 5, 1992, triggering the 30-day redemption period. Since petitioner deposited the redemption price on August 12, 1992, her exercise of redemption rights was timely and should be given effect.