Petitioner
Oscar C. Fernandez
Respondent
Spouses Carlos
Citation
G.R. No. 143868
Court
Supreme Court
Division
Third Division
Ponente
Panganiban, J.
Decided
November 14, 2002

Summary

This case involves co-owners of a fishpond where Antonio and Demetria Fernandez sold their shares to Spouses Tarun in 1967. The successors of another co-owner, Angel Fernandez, claimed the right to redeem under Article 1620 of the Civil Code. The Supreme Court ruled that the right of redemption only applies when property is sold to strangers, not to existing co-owners. Since the Taruns had already become co-owners through the 1967 sales before petitioners inherited Angel's share, no redemption right existed. The Court also found that Angel Fernandez was properly notified through the 1969 Deed of Extrajudicial Partition and his redemption period had expired. The decision establishes that legal redemption is intended to minimize co-ownership by preventing unwelcome third parties from entering the co-ownership, but does not apply when the buyer is already a co-owner. The Court rejected claims that the sale was an equitable mortgage or that the subsequent partition was unconscionable.

Statutes applied

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By Intellegal Editorial Board · November 14, 2002

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