BARCELLANO v. BAAS, GR No. 165287, September 14, 2011 (Second Division), Perez, J.

Facts:

Respondent Baas is an heir of Bartolome Baas who owns in fee a lot situated in Hindi,
Bacacay, Albay. Adjoining the said lot is the property of Vicente Medina, an area of 1, 877
sq.m. On March 17, 1997, Medina offered his lot for sale to the adjoining owners of the
property: Dolores Baas, her son Crispino Bermillo and Isabela Bermillo-Beruela. Crispino
Bermillo, representative of the family agreed the sale to take place after the harvest season. On
April 3, 1997, Medina sold the property to petitioner Armando Barcellano for Php 60,000.00.
Heirs of Baas conveyed their intention to redeem the property but Medina replied that there was
already a deed of sale executed and that the Baas failed to tender Php 60,000.00 redemption
amount to Medina. Baas heirs went to Barangay Council on April 5, 1997 to settle dispute
where Barcellano told them he would be willing to sell the property but for a higher price of Php
90,000.00. But parties could not agree on the price and failed to settle the dispute.

RTC DISMISSED the complaint of Baas for failure to comply to file an action in court
within the reglementary period of 30 days. CA REVERSED the ruling and granted heirs the
right to redeem ruling that (1) the filing of a complaint before the Katarungang Pambarangay
should be considered as a notice that heirs were exercising right to redeem (2) the tender of
payment and consignation become inconsequential when the redemptioner files a case to redeem
property within the 30-day period.

Issue/s:

Whether the requirement of notice under Art. 1623 of New Civil Code was complied with by
vendor that may allow respondents to exercise the right to redemption?

Ruling:

Nothing in the records and pleadings submitted by the parties shows that there was a
written notice sent to the respondents. Without a written notice, the period of 30 days within
which the right of legal pre-emption may be exercised does not start. The law is clear in this
case, there must first be a written notice to the family of Baas. Asolute Sentencia Expositore
Non Indiget, when the language of the law is clear, no explanation of it is required.

The respondent Baas has a perfect right of redemption and was never in danger of losing
such right even if there was no redemption complaint filed with the barangay, no tender of
payment or no consignation.

Appeal is DENIED. Decision of CA granting petitioner-appellants right to redeem

subject property for Php 60,000.00 within 30 days from finality of this decision is AFFIRMED.