Petitioner
Amado Wenceslao
Respondent
Faustino Calimon
Citation
G.R. No. 20950
Court
Supreme Court
Division
Second Division
Ponente
Romualdez, J.
Decided
December 20, 1923

Summary

This 1923 Supreme Court case involved legal redemption rights of minor heirs over family land sold to a third party. The Wenceslao heirs sought to redeem four-fifths of property in Bulacan from purchaser Faustino Calimon. Three key issues were raised: the redemption period, purchase price, and capacity of redeemers. The Supreme Court affirmed the lower court's redemption order, ruling that the statutory redemption period did not run against minor plaintiffs without guardians, applying the principle that prescription doesn't run against those unable to act. The Court determined Article 1067 of the Civil Code applied to heirs and undistributed inheritance, rather than the general nine-day period under Article 1524. The natural guardian's redemption offer was deemed valid representation of his minor children's legal rights. This case established important precedents regarding redemption rights of minors and inheritance property.

Statutes applied

Related cases

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By Intellegal Editorial Board · December 20, 1923

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