Spouses Roman A. Pascual v · G.R. 186269

Petitioner: Spouses Roman A. Pascual
Respondent: Spouses Antonio Ballesteros
Citation: G.R. No. 186269
Court: Supreme Court
Division: Second Division
Ponente: Reyes, J.
Decided: February 15, 2012

Summary

This case involves a dispute over legal redemption rights among co-owners of a 1,539 square meter property in Laoag City. When Margarita and her children sold their 330 square meter share to Spouses Pascual and Francisco without written notice to other co-owners, respondents Spouses Ballesteros filed for legal redemption. The RTC dismissed the case, finding that despite co-ownership, respondents had actual notice and failed to exercise redemption within 30 days. The CA reversed, emphasizing the mandatory written notice requirement. The Supreme Court affirmed the CA, ruling that the 30-day redemption period under Article 1623 of the Civil Code has not commenced without written notice, regardless of actual knowledge. The case establishes that written notice is indispensable and mandatory for legal redemption, removing uncertainties about the sale's terms, conditions, and validity.

Statutes applied

Civil Code, Art. 1623

Related cases

Other Philippine cases on the same provisions and issues.

Perpetua Vda. de Ape v. The Honorable Court of Appeals G.R. No. 133638
Oscar C. Fernandez v. Spouses Carlos G.R. No. 143868
Teodoro Rabago Baltazar v. Rolando V. Miguel G.R. No. 239859
Primary Structures Corp. Represented Herein By Its President Engr. William C. Liu v. Sps. Anthony S. Valencia G.R. No. 150060
Michael T. Uy v. Hon. Court of Appeals Regional Trial Court of Valenzuela G.R. No. 107439
Hermelina Rama v. Spouses Medardo Nogra G.R. No. 219556
Armando Barcellano v. Dolores Bañas G.R. No. 165287
Francisco G. Calma v. Arsenio Santos G.R. No. 161027

By the Intellegal Editorial Board · February 15, 2012

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