Scribd Logo
Upload

Welcome to Scribd!

  • 221 views

    Angela Butte Vs Manuel Uy

    Uploaded by

    Joe Ann
    This case involved a dispute over the legal redemption of a 1/6 share of a property in Sta. Cruz, Manila. Jose V. Ramirez owned a 1/6 share of the property, which he bequeathed in his will to his children, grandchildren, and 1/3 of the free portion to Angela Butte. After Ramirez's death, Marie Garnier Vda. de Ramirez sold her 1/6 share to Manuel Uy & Sons for P500,000. Butte then attempted to exercise her right of legal redemption by tendering P500,000 to Manuel Uy & Sons, but they refused. The lower court dismissed Butte's complaint, finding she had no

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Angela Butte Vs Manuel Uy

    Uploaded by

    Joe Ann
    221 views2 pages
    This case involved a dispute over the legal redemption of a 1/6 share of a property in Sta. Cruz, Manila. Jose V. Ramirez owned a 1/6 share of the property, which he bequeathed in his will to his children, grandchildren, and 1/3 of the free portion to Angela Butte. After Ramirez's death, Marie Garnier Vda. de Ramirez sold her 1/6 share to Manuel Uy & Sons for P500,000. Butte then attempted to exercise her right of legal redemption by tendering P500,000 to Manuel Uy & Sons, but they refused. The lower court dismissed Butte's complaint, finding she had no

    Original Description:

    Succession Case

    Original Title

    Angela Butte vs Manuel Uy

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involved a dispute over the legal redemption of a 1/6 share of a property in Sta. Cruz, Manila. Jose V. Ramirez owned a 1/6 share of the property, which he bequeathed in his will to his children, grandchildren, and 1/3 of the free portion to Angela Butte. After Ramirez's death, Marie Garnier Vda. de Ramirez sold her 1/6 share to Manuel Uy & Sons for P500,000. Butte then attempted to exercise her right of legal redemption by tendering P500,000 to Manuel Uy & Sons, but they refused. The lower court dismissed Butte's complaint, finding she had no

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    221 views2 pages

    Angela Butte Vs Manuel Uy

    Uploaded by

    Joe Ann
    This case involved a dispute over the legal redemption of a 1/6 share of a property in Sta. Cruz, Manila. Jose V. Ramirez owned a 1/6 share of the property, which he bequeathed in his will to his children, grandchildren, and 1/3 of the free portion to Angela Butte. After Ramirez's death, Marie Garnier Vda. de Ramirez sold her 1/6 share to Manuel Uy & Sons for P500,000. Butte then attempted to exercise her right of legal redemption by tendering P500,000 to Manuel Uy & Sons, but they refused. The lower court dismissed Butte's complaint, finding she had no

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    Angela Butte vs Manuel Uy & Sons

    G.R. No. L-15499

    February 28, 1962

    Facts:
    Jose V. Ramirez, during his lifetime, was a co-owner of (1/6) a house and lot located at Sta. Cruz,
    Manila. After his death, his estate was settled, that included the one-sixth (1/6) undivided share
    in the aforementioned property. Through his last will and testament, he bequeathed his estate to
    his children and grandchildren and one-third (1/3) of the free portion to Mrs. Angela M. Butte,
    hereinafter referred to as plaintiff-appellant.
    Meanwhile, on December 9, 1958, Mrs. Marie Garnier Vda. de Ramirez, one of the co-owners of
    the late Jose V. Ramirez in the Sta. Cruz property, sold her undivided 1/6 share to Manuel Uy &
    Sons, Inc. defendant-appellant herein for P500,000.
    On the same day (December 9, 1958), Manuel Uy & Sons, Inc. sent a letter to the Bank of the
    Philippine Islands as judicial administrator of the estate of the late Jose V. Ramirez informing it of
    the above-mentioned sale.
    On January 15, 1959, Mrs. Angela M. Butte, thru Atty. Resplandor Sobretodo, sent a letter and a
    Philippine National Bank cashier's check in the amount of P500,000.00 to Manuel Uy & Sons, Inc.
    offering to redeem the 1/6 share sold by Mrs. Marie Garnier Vda. de Ramirez. This tender having
    been refused, plaintiff on the same day consigned the amount in court and filed the
    corresponding action for legal redemption.
    The lower court rendered decision dismissing plaintiff's complaint on the grounds that she has no
    right to redeem the property and that, if ever she had any, she exercised the same beyond the
    statutory 30-day period for legal redemptions provided by the Civil Code.
    Issue:
    (1) Whether or not plaintiff-appellant, having been bequeathed 1/3 of the free portion of the
    estate of Jose V. Ramirez, can exercise the right of legal redemption over the 1/6 share sold by
    Mrs. Marie Garnier Vda. de Ramirez despite the presence of the judicial administrator and
    pending the final distribution of her share in the testate proceedings; and
    (2) Whether or not she exercised the right of legal redemption within the period prescribed by
    law.

    Held:
    1. Yes. Angela M. Butte is entitled to exercise the right of legal redemption. As testamentary heir
    of the estate of J.V. Ramirez, she and her co-heirs acquired an interest in the undivided one-sixth
    (1/6) share owned by her predecessor (causante) in the Santa Cruz property, from the moment of
    the death of the aforesaid co-owner, J.V. Ramirez. By law, the rights to the succession of
    deceased persons are transmitted to his heirs from the moment of his death (Art. 777), and the
    right of succession includes all property rights and obligations that survive the decedent.
    A co-owner of an undivided share is necessarily a co-owner of the whole. Wherefore, any one of
    the Ramirez heirs, as such co-owner, became entitled to exercise the right of legal redemption

    (retracto de comuneros) as soon as another co-owner (Maria Garnier Vda. de Ramirez) had sold
    her undivided share to a stranger, Manuel Uy & Sons, Inc.
    2. Yes. The Bank received the notice of sale on December 15, 1958, and on the same day
    endorsed it to Mrs. Butte, care of Delgado, Flores and Macapagal (her attorneys), who received
    the same on December 16, 1958. Mrs. Butte tendered redemption and upon the vendee's refusal,
    judicially consigned the price of P500,000.00 on January 15, 1959. The latter date was the last
    one of the thirty days allowed by the Code for the redemption, counted by excluding December
    16, 1958 and including January 15, 1959, pursuant to Article 13 of the Civil Code. Therefore, the
    redemption was made in due time.
    The judgment appealed from is hereby reversed; declaring the consignation of P500,000,00 made
    by appellant Angela M. Butte duly and properly made and declaring that the legal redemption
    was exercised in due time.

    You might also like