Marina Z. Reyes v. The Honorable Alfredo B. Concepcion

Summary

Co-owners of 96-hectare property in Cavite disputed whether petitioners had pre-emptive right to purchase respondents' shares before sale to third party. Supreme Court definitively ruled that no pre-emptive right exists under Article 1620 of the Civil Code, which grants right of redemption only after actual sale to third party occurs. Court clarified that co-owners may freely alienate their ideal shares under Article 493, and remaining co-owners have no right to prevent such alienation. When property is indivisible and co-owners cannot agree on allocation, public sale under Article 498 is proper remedy. Decision establishes important precedent distinguishing between pre-emptive rights and redemption rights in co-ownership disputes, affirming co-owners' freedom to alienate shares while protecting remaining co-owners through post-sale redemption rights.