FRANCISCO CRISOLOGO AND CONSOLACION FLORENTINO CRISOLOGO, petitioners and appellants, v.

ISAAC CENTENO
and ASUNCION AQUINO CENTENO, oppositors and appellees.

B. Martinez for Petitioners-Appellants.

Luis Bello, Jr. for oppositors-appellees.

SYLLABUS

1. CIVIL LAW; CONTRACTS; SALES; CONVENTIONAL REDEMPTION; CONSOLIDATION OF OWNERSHIP OF REAL PROPERTY;
PROCEEDING UNDER ARTICLE 1607 OF CIVIL CODE CONTENTIOUS; ORDER ALLOWING CONSOLIDATION WITHOUT THE VENDOR
BEING NAMED AS RESPONDENT IN THE PETITION AND DULY SUMMONED AND HEARD, A PATENT NULLITY. — Article 1607 of the
Civil Code which provides that the consolidation of ownership of real property in the vendee by virtue of the vendor’s failure to
comply with the provisions of Article 1616 shall not be recorded in the Registry of Property without a judicial order, after the vendor
has been duly heard, contemplates a contentious proceeding wherein the vendor a retro must be named respondent in the caption
and title of the petition for consolidation of ownership and duly summoned and heard. An order granting the vendee’s petition for
consolidation of ownership without the vendor a retro being named as respondent, summoned and heard, is a patent nullity for
want of jurisdiction on the Part of the court over the person of the vendor.