Petitioner
Vicente del Rosario
Respondent
Spouses Julio Bansil
Citation
G.R. No. 51655
Court
Supreme Court
Division
Second Division
Ponente
Paras, J.
Decided
November 29, 1989

Summary

This case involves a property dispute between family members over the right of preemption. Vicente del Rosario claimed the right to preempt the sale of an adjacent 86-square-meter lot sold by his nephew Julio Bansil to Alejandra Sanchez without prior offer to him. The Supreme Court dismissed his claim, ruling that he had no right of preemption either as an adjoining owner under Article 1622 (since the lot was not impractically small and not bought for speculation) or as co-owner under Article 1623 (since the inherited property had already been partitioned with individual titles issued, terminating the co-ownership). The decision clarifies the limited scope of preemption rights in property transactions and the effects of partition on co-ownership rights.

Statutes applied

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By the Intellegal Editorial Board · November 29, 1989

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