Mariano Distrito v. The Honorable Court of Appeals

Summary

This case involves the legal redemption rights of co-owners under Article 1623 of the Civil Code. Pedro Miquiabas and Pacita Miquiabas-Samson, as co-heirs of property originally owned by Simeona Amistad, sought to redeem shares sold by co-heirs Catalina and Anecito Villamil to the Distrito group. The Supreme Court ruled that Pedro Miquiabas, who acted as middleman in the sale, had actual knowledge and lost his redemption rights by failing to exercise them timely. However, Pacita Miquiabas retained her redemption rights as she only learned of the sale in July 1984 and filed for redemption within the required 30-day period. The Court emphasized that written notice under Article 1623 is not necessary when a co-owner has actual knowledge of the sale, but actual verbal notice alone is insufficient compliance with the written notice requirement for other co-owners.