Distinguished from the right of legal redemption given to co-heirs under Article 1080 | Right of Legal Redemption given to Co-owners of a co-owner selling his or her ideal share

Legal Redemption Among Co-Owners vs. Legal Redemption Among Co-Heirs under Article 1080 of the Civil Code

The right of legal redemption is a statutory mechanism that enables certain individuals, under specified conditions, to acquire a property by paying the buyer the price at which it was sold. This right is particularly relevant in cases of co-ownership and inheritance. Below is a meticulous discussion distinguishing the right of legal redemption among co-owners from the right of legal redemption among co-heirs under Article 1080 of the Civil Code of the Philippines.

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1. Right of Legal Redemption Among Co-Owners

a. Governing Law

This right is governed by Article 1620 of the Civil Code, which provides that:

A co-owner of a thing may exercise the right of redemption in case the shares of all the other co-owners or any of them are sold to a third person.

b. Rationale

The law intends to preserve the co-ownership and avoid introducing an outsider (third party) into the shared property. This is consistent with the principle that co-ownership fosters a closer, often familial, relationship, and the entry of a third party could disrupt such dynamics.

c. Conditions for Exercise

1. Existence of a Co-Ownership:
   • There must be an existing co-ownership at the time of the sale.
2. Sale to a Third Party:
   • The right of redemption arises only when the share of a co-owner is sold to a third party (an individual who is not already a co-owner).
3. Notice to Co-Owners:
   • Under Article 1623, the seller or buyer must notify the other co-owners of the sale. The redemption period begins to run only after such notice.
4. Redemption Period:
   • The co-owner has 30 days from written notice of the sale to exercise the right.
5. Redemption Price:
   • The redeeming co-owner must pay the actual price paid by the third party.

d. Consequences

• Upon redemption, the redeeming co-owner effectively steps into the shoes of the third-party buyer, consolidating ownership within the original co-owners.

e. Priority Rule

• If multiple co-owners wish to redeem, the rule of pro-rata redemption applies, allowing each co-owner to redeem a proportional share of the property sold.

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2. Right of Legal Redemption Among Co-Heirs under Article 1080

a. Governing Law

This right is governed by Article 1080 of the Civil Code, which provides:

Should a co-heir sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided that it be made within one month from notice of the sale.

b. Rationale

The law aims to preserve the integrity of the hereditary estate and protect the interests of the heirs, who are presumed to have a closer familial connection. Allowing co-heirs to redeem the hereditary share prevents third parties from intruding into the estate and ensures that the partition remains among the heirs.

c. Conditions for Exercise

1. Existence of an Undivided Estate:
   • The hereditary estate must still be undivided. The right ceases to exist once partition is completed.
2. Sale to a Third Party:
   • The right arises only when an heir sells his or her hereditary rights to a stranger (a non-heir).
3. Notice to Co-Heirs:
   • The seller or the buyer must notify the other co-heirs of the sale, which triggers the redemption period.
4. Redemption Period:
   • The co-heirs have one month from written notice of the sale to exercise the right.
5. Redemption Price:
   • The co-heirs must reimburse the third party for the price of the sale.

d. Consequences

• Once redemption is exercised, the redeeming co-heir is subrogated to the rights of the third-party buyer, ensuring that only the heirs retain control over the estate.

e. Priority Rule

• Unlike in co-ownership, Article 1080 does not explicitly provide for pro-rata redemption among co-heirs. However, by analogy to co-ownership rules, courts have allowed proportional redemption where multiple heirs exercise the right.

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3. Distinctions Between the Two Rights

Aspect	Legal Redemption Among Co-Owners	Legal Redemption Among Co-Heirs
Governing Law	Article 1620, Civil Code	Article 1080, Civil Code
Purpose	Preserve co-ownership; prevent intrusion of strangers into co-owned property.	Preserve integrity of the hereditary estate and limit partition to heirs.
Scope of Right	Co-owner's share in the co-owned property.	Hereditary rights of a co-heir.
Precondition	Co-ownership must exist.	Estate must be undivided (no partition yet).
Redemption Period	30 days from written notice of sale.	1 month from written notice of sale.
Redemption Price	Actual price paid by the third party.	Actual price paid by the third party.
Priority Rule	Pro-rata redemption among co-owners.	Not explicitly stated; courts may allow pro-rata redemption by analogy.
Termination of Right	Ends upon partition of the co-owned property.	Ends upon partition of the hereditary estate.

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4. Key Jurisprudence

1. Lapuz v. Court of Appeals (1991):
   • Emphasized the need for written notice to co-owners to trigger the redemption period under Article 1623.
2. Villarico v. Villarico (1996):
   • Clarified that the right of legal redemption among co-heirs cannot exist after the hereditary estate has been partitioned.

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5. Practical Implications

• Co-Ownership: The 30-day redemption period under Article 1620 provides limited time for co-owners to act, requiring vigilance in monitoring sales.
• Hereditary Estates: Co-heirs must exercise their right within the one-month period to ensure they maintain control over the estate. Delays or failure to act could allow a stranger to disrupt the familial dynamic of the inheritance.

Understanding these distinctions ensures that the appropriate right is exercised in the correct context, preserving the unity of ownership among co-owners or heirs.