ArticuLaw Primo
LSPU-LAW STAR CLASS
GR. No. 46001, March 25, 1982
Luz Caro vs. CA and Basilia Vda. De Benito
This is a petition for certiorari seeking review the decision of the Court of Appeal
Facts:
Alfredo Benito, Mario Benito and Benjamin Benito were original co-owner of two parcel of land.
When Mario died in 1957 his surviving wife Basilia and his father Saturnino Benito were subsequently appointed as joint administrator of Mario’s estate.
Sometimes on 1959 one of the co-owners Benjamin Benito executed a Deed of Absolute Sale of his one third undivided portion over said parcel of land in favor of herein petitioner Luz Caro, this was subsequently registered with the consent of Saturnino and Alfredo as shown in their affidavit.
Private respondent filed the present case and in the trial sought to prove that as a joint administrator of the estate of Mario Benito she had not been notified of the sale.
After hearing the evidence, the trial judge dismissed the petition on the grounds that the private respondent as administratrix of the intestate estate off Mario Benito does not have the power to exercise the right of legal redemption.
The motion for reconsideration was denied hence she appeal to Court of Appeal. The appellate court reversed the decision for the reason that the affidavit of notice executed by Benjamin Benito would not satisfy that there was a clear notice in writing of the intended sale.
Petitioner motion for reconsideration was denied hence this appeal.
Issue:
Whether or not the right of legal redemption exists.
Held:
The Supreme Court ruled that the right of legal redemption does not exist nor apply in this case because a subdivision title has already been issued in the name of Luz Caro. It has been held that the thirty (30) days period to redeem is not prescriptive period but is more a requisite or condition precedent to the exercise of legal redemption.
Even on the assumption that there is still co-ownership here and that therefore the right of legal redemption exists, private respondent as administratrix has no legal personality to exercised said right for and in behalf of the intestate estate of Mario Benito.