Alonzo vs. Intermediate Appellate Court and Padua (G.R. No. L-72873.

May 28, 1987)

CARLOS ALONZO and CASIMIRA ALONZO, petitioners,
vs.
INTERMEDIATE APPELLATE COURT and TECLA PADUA, respondents.
Perpetuo L.B. Alonzo for petitioners.
Luis R. Reyes for private respondent.
Ponente: CRUZ

FACTS:

Five brothers and sisters inherited in equal pro indiviso shares a parcel of land registered in ‘the
name of their deceased parents. One of the co-heir, sold her share in a “Con Pacto de Retro
Sale” to Mr. Alonzo who happens to be their neighbor.

On 1977 one of the co-heir filed her own complaint invoking the right of redemption. Trial court
dismissed the complaint, on the ground that the right had lapsed, not having been exercised
within thirty days from notice of the sale. Although there was no written notice, it was held
that co-heirs has actual knowledge of the sale which satisfied the requirement of the law in ART.
1088.

Respondent court reversed the decision of the Trial Court declared that the notice required by
the said article was written notice and that actual knowledge would not suffice as a substitute.

ISSUE:

Whether or not actual knowledge satisfied the requirement of Art. 1088 of the New Civil Code.

HELD:

YES. Because redemption shall only be exercise within a period of one month from the time the
vendor was notified. But in this case the SC deviates from the strict letter of the law, which
the respondent court understandably applied pursuant to existing jurisprudence as it had
no competence to reverse the doctrines laid down by this Court.
-Decision of respondent court was reversed and that of trial court reinstated.

Notes:
1. Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before the
partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by
reimbursing him for the price of the sale, provided they do so within the period of one
month from the time they were notified in writing of the sale by the vendor.
2. Art. 1623. The right of legal pre-emption or redemption shall not be exercised except
within thirty days from the notice in writing by the prospective vendor, or by the vendors,
as the case may be. The deed of sale shall not be recorded in the Registry of Property,
unless accompanied by an affidavit of the vendor that he has given written notice thereof
to all possible redemptioners.
3. pro indiviso – common or undivided property ownership
4. Con Pacto de Retro Sale – Sale with power of redemption