Angela M. Butte vs Manuel Uy and Sons, Inc

G.R. No. L-15499             February 28, 1962

ANGELA M. BUTTE, plaintiff-appellant,
vs.
MANUEL UY and SONS, INC., defendant-appellee.

FACTS

1.    Jose V. Ramirez was a co-owner of a house and lot located at Sta Cruz, Manila. Upon the death of Jose V. Ramirez, all his property including the 1/6 undivided share was bequeathed to his children and grandchildren and 1/3 of the free portion to Mrs. Angela M. Butte.

2.    Mrs. Marie Garnier Vda de Ramirez sold the property to Manuel Uy and Sons, Inc. including the undivided 1/6 share  property in Sta Cruz, Manila. On the same day, a copy of letter regarding the above-mentioned sell was sent to Bank of the Philippine Islands, as administrator of the property of Jose V. Ramirez.

3.    Mrs. Angela M. Butte filed a case against Manuel Uy and Sons, Inc for legal redemption when the latter refused Mrs. Butte to redeem the said sold property.

ISSUE

Whether or not Mrs. Angela M. Butte has the right of succession to exercise legal redemption over the share sold by Mrs. Marie Garnier Vda de Ramirez.

HELD

Yes, Mrs. Angela M. Butte has the right of succession to exercise legal redemption over the share sold by Mrs. Marie Garnier Vda de Ramirez for being one of the co-owners of the heirs of the 1/6 undivided property of Jose V. Ramirez.

According to Article 1620 of the Civil Code of the Philippines, a co-owner of a thing may exercise the right of redemption in case the shares of all the other co-owners or of any of them, are sold to a third person. If the price of the alienation is gross expensive, the redemptioner shall pay only a reasonable one.

Should two or more co-owners desire to exercise the right to redemption, they may only do so in proportion to the share that may respectively have in the thing owned in common.