GR L 527; (May, 1948) (Digest)
G.R. No. L-527; May 28, 1948
PACIENCIA DE JESUS, FELINA DE JESUS, ELENA DE JESUS and MARIA DE JESUS, plaintiffs-appellants, vs. JUSTINA S. VDA. DE MANGLAPUS, defendant-appellee.
FACTS
Plaintiffs, co-heirs of Sixto de Jesus and Natalia Alfonga in the testate estate of Gavino de Jesus, sought to exercise their legal right of redemption under Article 1067 of the Civil Code. They alleged that Sixto and Natalia sold their hereditary rights and interests in two parcels of land (part of the estate) to defendant Justina S. Vda. de Manglapus. The sale occurred after a project of partition had been submitted to the court but before its approval. Plaintiffs learned of the sale later and demanded to be subrogated to the purchaser’s rights, but defendant refused. The trial court dismissed the complaint for failure to state a cause of action, ruling that the sale was consummated only after the court approved the partition, thus the right of legal redemption did not apply.
ISSUE
Whether the complaint alleges facts sufficient to constitute a cause of action for legal redemption under Article 1067 of the Civil Code, given that the sale occurred after the heirs had agreed on a partition but before court approval.
RULING
No. The Supreme Court affirmed the dismissal. The right of legal redemption under Article 1067 applies only to sales of hereditary rights made before partition. Here, the complaint alleged that the sale was executed after a project of partition had been submitted to the court and specific parcels had been allotted to the selling heirs. Although court approval came later, the agreement among heirs on the partition had already been reached, effectively terminating the pro indiviso (undivided) status of the inheritance. Thus, the sale was of specific, adjudicated properties, not of mere hereditary rights before partition. Consequently, Article 1067 did not apply, and the complaint failed to state a cause of action. The dissent argued that partition only becomes effective upon court approval, so the right of redemption should be available, but the majority held otherwise.
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