CASE DIGEST
RAMA V. SPOUSES NOGRA
G.R. No. 219556 [September 14, 2021]
FIRST DIVISION, LOPEZ,
M.V
Right of Redemption; 30-day written notice requirement
The written notice of sale is mandatory.
For the right of legal pre-emption or redemption to be exercised, written
notice by the seller is indispensable for the 30-day redemption period to
commence.
The case involves a disputed property, an undivided portion of Lot No. 6034-C-2-H-4, registered under the Heirs of Felix Rama. Ricardo Rama sold his one-fourth undivided share to Spouses Nogra in 2001, but other co-owners, including Hermelina Rama, claim they were not aware of this sale until 2007 when it was revealed during barangay conciliation proceedings. Ricardo admitted the sale, but the copy of the Deed of Absolute Sale was only given to Rama on September 26, 2007. Rama attempted to redeem the property, but her offer was rejected by Spouses Nogra claiming that the right to redeem had lapsed.
Rama filed a Complaint for Annulment of
Sale, Redemption, and Other Reliefs in 2007 and consigned the redemption price
on October 16, 2007, asserting that a written notice was essential for the
redemption period to start under Article 1623 of the New Civil Code.
Whether Hermelina validly exercised her
redemption right by the filing of the complaint before the RTC on October 16,
2007.
YES. The 30-day written notice requirement under Article
1623 of the New Civil Code is mandatory for the commencement of the redemption
period. The Court has upheld the principle that even if a co-owner has actual
knowledge of the sale, the written notice is still indispensable. In this case, there is no evidence of
sufficient knowledge of the sale before Hermelina's receipt of the Deed of
Absolute Sale on September 26, 2007. Hermelina's exercise of her redemption right by
filing the complaint on October 16, 2007, and consigning the redemption price
on October 26, 2007, falls within the 30-day period under Article 1623.
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