Petitioner
Guino Escabarte
Respondent
Heirs of Benigno Isaw Namely: Merlinda Alba Vda. de Isaw
Citation
G.R. No. 208595
Court
Supreme Court
Division
Second Division
Ponente
J.C. Reyes, Jr., J.
Decided
August 28, 2019

Summary

This case involves a dispute over the partition of a 16.2962-hectare inherited property in Zamboanga del Norte. Petitioners sought to annul titles issued to Benigno Isaw and partition the entire estate of deceased spouses Ipo Bawing and Tanod Subano. The Supreme Court affirmed the Court of Appeals' ruling that upheld Benigno's titles to Lots 1 and 3, finding that the co-heirs' right to redeem the previously sold shares under Article 1088 of the Civil Code had already prescribed. The Court applied the Alonzo doctrine recognizing actual notice as sufficient despite lack of written notice, and concluded that the transaction was an ordinary sale rather than a redemption benefiting all heirs. The decision demonstrates the application of legal redemption principles and prescription of actions in property disputes among co-heirs, ultimately limiting partition to the remaining undisposed portions of the estate.

Statutes applied

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By Intellegal Editorial Board · August 28, 2019

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