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The document contains 3 legal cases regarding the right of redemption over shared property. For case 1, none of the owners have the right to redeem because the alienated share was donated and not transferred for value. For case 2, only B has the right to redeem the share that A sold to X, as the adjoining owner C does not have redemption rights over a co-owner's share. For case 3, co-owners B and C can redeem the lot inherited by S from the deceased co-owner A, but only up to their respective original shares in the commonly owned property.

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KAYE JAVELLANA
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2K views1 page

13

The document contains 3 legal cases regarding the right of redemption over shared property. For case 1, none of the owners have the right to redeem because the alienated share was donated and not transferred for value. For case 2, only B has the right to redeem the share that A sold to X, as the adjoining owner C does not have redemption rights over a co-owner's share. For case 3, co-owners B and C can redeem the lot inherited by S from the deceased co-owner A, but only up to their respective original shares in the commonly owned property.

Uploaded by

KAYE JAVELLANA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Activity 3. For the following short cases, justify your answers with legal basis.

Case 1

A, B and C are co-owners in equal shares of one-hectare rural land, the adjoining owners to which are D
and E, the latter owning the smaller area. A donated his share of the land owned in common to X who is
a rural landowner. Upon the proper notice of the donation, B, C, D and E sought to exercise the right of
legal redemption over the shares donated. Who shall have the right to do so?

None of the owners has the right to redeem because the alienated was not by onerous title. It
is supported by Article 1619 of the Civil code which states that “Legal redemption is the right to be
subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who
acquires a thing by purchase or dation in payment, or by any other transaction whereby ownership is
transmitted by onerous title.”

Case 2

A sold to X his ½ share of the parcel of land he co-owns with B. C owns the parcel of land adjoining that
of A and B. Both B and C want to redeem the share of A which the latter sold to X. Who has the right to
do so?

B has the right to redeem the share of A. B as the co-owner excludes the right of C for
redemption since C is only an adjoining owner. This is supported by the paragraph 1 of Article 1620 of
the Civil Code which states that “A co-owner of a thing may exercise then right of redemption in case
the shares of all the other co-owners or of any of them, are sold to a third person. If the price of the
alienation is grossly excessive, the redemptioner shall pay only a reasonable one.”

Case 3

A, B and C were the co-owners of a lot in the ratio of 1:2:1. A died. He was succeeded to the property by
S, his son and heir. Who may redeem the lot of A from S?

B and C as the co-owners can redeem the lot but only up to their respective shares of the thing
they owned in common. This is in accordance with the paragraph 2 of Article 1620 of the Civil Code,
which states, “Should two or more co-owners desire to exercise the right of redemption, they may
only do so in proportion to the share they may respectively have in the thing owned in common.”

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