Legal Redemption.pdf - G.R No L-21812 PAZ TORRES DE...

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G.R. No. L-21812 April 29, 1966PAZ TORRES DE CONEJERO and ENRIQUE CONEJERO,petitioners, vs. COURT OF APPEALS, VISITACION A. DE RAFFIÑAN and ENRIQUE TORRES,respondents. Recto Law Offices for petitioners. Quintin Paredes and Nicolas Belmonte for respondents.REYES, J.B.L., J.: Petitioners, spouses Paz Torres and Enrique Conejero, petitioned for the review and setting aside a decision rendered by the Court of Appeals, in its Case CA-G.R. No. 19634-R, dismissing their action to compel respondents Miguel Raffiñan and his wife, Visitacion A. de Raffiñan, to permit redemption of an undivided half interest in a property in Cebu City which had been sold to said respondents by their co-respondent, Enrique Torres, brother and co-owner of petitioner Paz Torres de Conejero. Shorn of unessentials, the facts found by the Court of Appeals, in its decision under review, are that Paz Torres and Enrique Torres were co-owners pro indiviso of a lot and building in Cebu City, covered by Transfer Certificate of Title No. 197-A1230 (T-3827), that both had inherited from their deceased parents. As of September 15, 1949, Enrique Torres sold his half interest to the Raffiñan spouses for P13,000, with right to repurchase within one year. Subsequent advances by the vendees a retro increased their claims against Enrique Torres, and finally, on April 3, 1951 (six months after the expiration of the right to repurchase), said Enrique executed a deed of absolute sale of the same half interest in the property in favor of the Raffiñans for P28,000. This deed of absolute sale (Exhibit "3-A") had not been brought to the attention of Enrique's sister and co-owner, Paz Torres de Conejero, nor of her husband, until August 19, 1952, when Enrique Torres showed his brother-in-law, Enrique Conejero1, a copy of the deed of absolute sale (Exhibit "C") of his share of the property in favor of the Raffiñans. Conejero forthwith went to the buyers, offering to redeem his brother-in-law's share, which offer he latter raised to P29,000.00 and afterwards to P34,000. Amicable settlement not having been attained, the Conejeros filed, on October 4, 1952, a complaint in the Court of First Instance of Cebu, seeking to be declared entitled to redeem the half interest of Enrique Torres; to which the Raffiñans made answer, claiming absolute title to the property in dispute and pleading that plaintiffs lost their right of redemption because they failed to exercise it within the statutory period. The court of first instance found the deed of sale to be an equitable mortgage, and declared the plaintiffs Conejero entitled to redeem Enrique's half interest for P34,000. Upon appeal by the defendants, the Court of Appeals reversed the decision of the court of first instance, found that the deed in favor of the Raffiñans was a true sale, and declared as follows: The pertinent provision of the law reads: "The right of legal re-emption or redemption shall not be exercised except within thirty days from the notice in writing by the prospective vendor, or by the vendor, as the case

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