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ALONZO V.

PADUA
[G.R. NO. L-82873; May 28, 1987 ]
TOPIC:
PONENTE: Cruz, J.

AUTHOR:


FACTS:
1. Five brothers and sisters inherited in equal pro indiviso shares a parcel of land
2. On March 15,1963, Celestino Padua, transferred his undivided share of the herein petitioners for the sum P550
(absolute sale) and after a year, Eustaquia Padua sold her own share to the same vendees for the sum of P440
3. After the said sales, the petitioners occupied 2/5 of the area of the said land and enclosed it in a fence, representing
the portions sold to them
4. Their son, Eduardo Alonzo, and his wife built a semi concrete house on a part of the enclosed area
5. On February, 1976, Mariano Padua, one of the 5 heirs, sought to redeem the area sold to the spouses Alonzo, but his
complaint was dismissed when it appeared that he was an American citizen.
6. The following year, Tecla Padua, another co-heir, filed her own complaint invoking the same right of redemption
claimed by her brother.
7. The trial court also dismissed the complaint on the ground that the right of redemption had lapsed, not having been
exercised within thirty days from notice of the sales in 1963 and 1964. Although there was no written notice, it was
held that actual knowledge of the sales y the co-heirs satisfied the requirement of the law.
8. The other co-heirs, including Tecla Padua, lived on the same lot and Eustaquia herself was staying in the same house
with her sister Tecla. Also, the petitioners and respondents were neighbors. Therefore, it is highly improbable that
the other co-heirs were unaware of the sales and that the said land was alleged to be mortgaged by Celestino and
Eustaquia.
9. Respondent court declared that the notice required by the said article was written notice and that actual notice would
not suffice


ISSUE(S): WON said case should be based on the strict letter of the law
HELD: No
RATIO:
1. Law and justice are inseparable. The court interprets and applies the law not independently of but in consonance
with justice. We do not and must not unfeelingly apply the law as it is worded, yielding like robots to the literal
command without regard to its cause and consequence.
2. In requiring written notice, Article 1623 seeks to ensure that the redemptioner is properly notified of the sale. The
purpose is clear enough: to make sure that the redemptioners are duly notified. We are satisfied that in this case the
other brothers and sisters were actually informed although not in writing, of the sales and that such notice was
sufficient.
3. With this conclusion, the court is deviating from the strict letter of Art. 1088 NCC on giving written notice to co-
heirs of the sale of an heirs share. This deviation from the strict letters is not being abandoned. The ruling here is
deemed an exception due to the peculiar circumstances of this case.
4. Also, the court rules that when Tecla Padua filed her complaint, the right of redemption had already been
extinguished because the period for its exercise had already expired.
5. We interpret the law in a way that will render justice, presuming that it was the intention of the lawmaker.
6. Petition is granted
CASE LAW/ DOCTRINE:

Art. 1623
The right of legal pre-emption or redemption shall not be exercised except within 30 days from the notice in writing by
the prospective vendor, or by the vendors, as the case may be. The deed of sale shall not be recorded by in the Registry of
Property, unless accompanied by an affidavit of the vendor that he has given written notice thereof to all possible
redemtioners.
DISSENTING/CONCURRING OPINION(S):