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Digest: Mariano et.al. v. CA

Mariano et.al. v. CA
G.R. No. 101522, May 28, 1993

Redemption of the whole property by a co-owner within the redemption period does not terminate the co-ownership and does not vest in him sole ownership.


Francisco Gosiengfaio is the registered owner of a parcel of land in Tuguegarao. In his lifetime. The lot in question was mortgaged by the decedent to the land to Rural Bank of Tuguegarao to secure payment of a loan. Francisco Gosiengfiao died intestate. His intestate heirs were: his wife Antonia and children Amparo, Carlos, Severo, Grace, Emma, Ester, Francisco, Jr., Norma, Lina, and Jacinto. 

The loan being unpaid, the lot in dispute was foreclosed by the mortgagee bank and in the foreclosure sale held on December 27, 1963, the same was awarded to the mortgagee bank as the highest bidder. Before the redemption period expired, Antonia, Emma, Lina, Norma, Lina, Carlos and Severo executed a deed of assignment of the right of redemption in favor of Amparo. Amparo later on sold the land to Spouses Mariano.

Grace Gosengfiao, and the other heirs excuded in the deed of assignment filed a complaint for recovery and legal redemption with damages against spouses Mariano.

RTC decided in favor of spouses Mariano. CA for Grace Gosiengfia, et. al.


Whether or not a co-owner who redeems the whole property with her own personal funds becomes the sole owner of said property and terminates the existing state of co-ownership?


No. Admittedly, as the property in question was mortgaged by the decedent, a co-ownership existed among the heirs during the period given by law to redeem the foreclosed property. Redemption of the whole property by a co-owner does not vest in him sole ownership over said property but will inure to the benefit of all co-owners. In other words, it will not end to the existing state of co-ownership. Redemption is not a mode of terminating a co-ownership.

Respondents have not lost their right to redeem, for in the absence of a written notification of the sale by the vendors, the 30-day period has not even begun to run.

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