Francisco v. Boiser
REITERATIONFacts
The Antecedents: Petitioner Adalia B. Francisco and her sisters were co-owners of four parcels of land. On August 6, 1979, they sold 1/5 of their share to their mother, Adela Blas. On August 8, 1986, Adela Blas sold her 1/5 share to respondent Zenaida Boiser, another sister, without the knowledge of the other co-owners. Procedural History: On August 5, 1992, petitioner received a summons in a case filed by respondent demanding her share of rentals. Petitioner then informed respondent of her intent to exercise her right of redemption and deposited P10,000.00. This was interposed as a counterclaim but the case was dismissed. Petitioner filed a new case (Civil Case No. C-17055) on September 14, 1995, alleging the 30-day redemption period had not begun due to lack of notice from the vendor. Respondent contended petitioner knew of the sale as early as May 30, 1992, through a letter sent by respondent to petitioner, enclosing a copy of the Deed of Sale, and also sent letters to the tenants. The trial court dismissed petitioner's complaint, ruling that the letter from respondent constituted substantial compliance with Article 1623, and the 30-day period should have been counted from June 8, 1992, at the latest. The Court of Appeals affirmed this decision. The Petition: The sole issue presented is whether the letter sent by the vendee (respondent) to the co-owner (petitioner) notifying her of the sale, along with a copy of the deed of sale, constitutes sufficient compliance with the notice requirement of Article 1623 of the Civil Code for legal redemption.
Issue(s)
Whether the notice of sale sent by the vendee to a co-owner, along with a copy of the deed of sale, constitutes sufficient compliance with the written notice requirement under Article 1623 of the Civil Code for the exercise of the right of legal redemption; and whether the 30-day period for legal redemption commenced from the date of this written notice. Whether, regardless of the notice's origin, the co-owner's actual knowledge of the sale, as demonstrated by their actions, triggers the commencement of the 30-day period for legal redemption under Article 1623 of the Civil Code.
Ruling
The petition is GRANTED. The decision of the Court of Appeals is REVERSED, and the Regional Trial Court is ordered to effect petitioner's exercise of her right of legal redemption.
Ratio Decidendi
On the sufficiency of notice and commencement of the redemption period based on written notice: The Court held that while Article 1623 of the Civil Code explicitly requires written notice, the period for redemption commences from the time a co-owner receives actual knowledge of the sale. In this case, the respondent sent a letter to the petitioner on May 30, 1992, informing her of the sale and enclosing a copy of the Deed of Sale. The Court clarified that the 30-day period for legal redemption under Article 1623 of the Civil Code is triggered not only by formal written notice but also by the co-owner's actual knowledge of the sale. The Court revisited previous rulings, noting a divergence between cases that strictly required notice from the vendor and those that allowed notice from the vendee as substantial compliance. On the commencement of the redemption period based on actual knowledge and the application of jurisprudence: The Court aligned with the principle that actual knowledge is paramount. The petitioner's subsequent actions, including writing to the tenants on June 8, 1992, advising them to disregard the respondent's request, demonstrated her actual knowledge of the sale. The Court emphasized that the purpose of the notice is to inform the co-owner of the sale, and actual knowledge fulfills this purpose, regardless of who provides the notice. The Court found that the petitioner's receipt of the letter from the respondent, accompanied by the deed of sale, and her subsequent actions, clearly indicated actual knowledge of the sale. Thus, the redemption period began to run from the time she acquired such knowledge, which was at the latest by June 8, 1992. The Court cited Alonzo v. Intermediate Appellate Court where actual knowledge, even without formal notice, was deemed sufficient to start the redemption period.
Main Doctrine
The 30-day period for legal redemption under Article 1623 of the Civil Code commences from the time a co-owner receives actual knowledge of the sale, even if the written notice is not given by the vendor, provided such notice informs the co-owner of the sale and its particulars.