Oscar C. Fernandez vs Sps.

Carlos and Narcisa Tarun

GR No. 143868 November 14, 2002

Facts:
Brothers Antonio, Santiago, Demetria and Angel and their uncle Armando owned 1/6 of the fishpond.
When Armando died, his share was distributed to others. Antonion sold his share to Tarun and the
sales were registered and annotated. The co-owners of the fishpond executed an Extrajudicial deed of
partition in exchange of the shares. The deed stipulated that the sale of the shares of demetria and
antonio be recognised. When Tarun was already paying her realty taxes on their share of the fishpond,
Angel and others were still in possession of the entire fishpond. Angel refused to the partition of the
property.

Issue:
Whether or not the petitioners are entitled to exercise their right of legal redemption

Ruling:

No, the petitioners are not entitled to exercise their right of legal redemption. The right to redeemonly
applies when a portion is sold to a non-co-owner. Tarun became a co owner of the fishpond because
they were sold shares of it by Demetria and Antionio before Tarun succeeded angel. Legal redemption
is in the nature of a privilege created by law partly for reasons of public policy and partly for the
benefit and convenience of the redemptioner, to afford him a way out of what might be a disagreeable
or inconvenient association into which he has beenthrust. The petitioners contention that the sales of
the shares in the disputed fishpond to the respondents are void because a notice in writing to the
other co-owners wasnot sent as required under Article 1625 of the Civil Code is not meritorious.