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The Heirs of The Vendee A Retro With Respect Only To Their Respective Shares, Whether The Thing Be Undivided or It Has

This document discusses Philippine civil code articles related to redemption rights when property is sold. It addresses several scenarios: - When a property has multiple vendors, they must agree on redeeming the entire property together, otherwise redemption is not allowed. - If a vendee (buyer) dies and leaves multiple heirs, each heir is only liable for redemption of his own share of the property, whether it was partitioned or not. However, if one heir receives the entire property, redemption can be sought against that heir for the whole property. - Similarly, if co-owners of a property sell their individual shares separately, each co-owner can independently exercise the right of redemption for his own share only. The ven

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383 views1 page

The Heirs of The Vendee A Retro With Respect Only To Their Respective Shares, Whether The Thing Be Undivided or It Has

This document discusses Philippine civil code articles related to redemption rights when property is sold. It addresses several scenarios: - When a property has multiple vendors, they must agree on redeeming the entire property together, otherwise redemption is not allowed. - If a vendee (buyer) dies and leaves multiple heirs, each heir is only liable for redemption of his own share of the property, whether it was partitioned or not. However, if one heir receives the entire property, redemption can be sought against that heir for the whole property. - Similarly, if co-owners of a property sell their individual shares separately, each co-owner can independently exercise the right of redemption for his own share only. The ven

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CML
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© © All Rights Reserved
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ART. 1613. In the case of the preceding article, the ART. 1615.

ART. 1615. If the vendee should leave several heirs, the


vendee may demand of all the vendors or co-heirs that action for redemption cannot be brought against each of
they come to an agreement upon the repurchase of the them except for his own share, whether the thing be
whole thing sold; and should they fail to do so, the undivided, or it has been partitioned among them.
vendee cannot be compelled to consent to a partial
redemption. But if the inheritance has been divided, and the thing
sold has been awarded to one of the heirs, the action for
EFFECT OF REDEMPTION BY CO-OWNER OF ENTIRE redemption may be instituted against him for the whole.
PROPERTY
REDEMPTION AGAINST HEIRS OF VENDEE
Under Article 1612, a co-owner cannot redeem more than The vendor a retro can exercise the right to redeem against
his share in the co-ownership. the heirs of the vendee a retro with respect only to their
respective shares, whether the thing be undivided or it has
The redemption by a co-owner of the property in been partitioned among them.
its entirety, shouldering the expenses therefor,
does not make him the owner of all of it. If by partition the entire property has been adjudicated
It does not put to end the existing state of co- to one of the heirs: the vendor can exercise the right to
ownership. redeem against said heir for the whole.

Article 1613 does not provide for a mode of terminating a Ex:


coownership
Kris Aquino sold his parcel of land to James Yap with a right
The fact that the redeeming co-owner has to repurchase. Then James Yap died leaving his Bimby and
succeeded in securing title over a parcel of land in Baby Josh, as heirs.
his name does not terminate the existing co-
ownership. In this case, the right of redemption by Kris Aquino is
against each of the heirs only for his respective share or
Registration of property is not a means of
acquiring ownership. It operates as a mere for one-third of the property.
notice of existing title, that is, if there is one.
If the property has been awarded to Baby Josh by partition,
then the action for redemption may be instituted against
DOCTRINE: (see illustrative case page 425)
him for the entire property.
A sale during the period of redemption to any other person
other than the heirs of the deceased mother, as co-owners of
the subject land, could not have been made by the vendee a
retro. Any of the co-owners could have successfully
invalidated such a transaction.
(De Guzman vs. Court of Appeals, 148 SCRA 75)

ART. 1614. Each one of the co-owners of an undivided


immovable who may have sold his share separately,
may independently exercise the right of repurchase as
regards his own share, and the vendee cannot compel
him to redeem the whole property.

REDEMPTION IN SEPARATE SALES BY CO-OWNERS


OF UNDIVIDED IMMOVABLE

Although it is the policy of the law to avoid indivision, it would


be unjust, if the sale was made separately and
independently, to require the co-owners to come to an
agreement with regard to the repurchase of the thing sold,
and certainly, it would be worse to deprive them of their
right in case they fail to agree.

The very purpose of the article is to prevent such injustice.

Example:

If A, B, and C sold their respective shares to D with the right


of repurchase in separate instruments and at different dates,
each one of them may exercise his right independently of the
others and D cannot compel him to redeem the whole
property.

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