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08 Castillo v. Samonte
08 Castillo v. Samonte
FACTS:
Valentin, Gregorio, Amando, Jose, and Melencia Castillo inherited an unregistered
land from their mother, Romualda Meneses located in Bambang, Bulacan.
July 13, 1953: Unknown to the other heirs, Gregorio sold for P1,000 his undivided
interest in the property to Arturo Samonte, who in turn successfully registered the
deed of sale with the Register of Deeds of Bulacan on July 16, 1953.
September 1956: Valentin (Plaintiff) learned about the sale, and offered to redeem
the property from Samonte, but the latter refused, which led to the former filing a
complaint [December 1956] praying that Samonte be ordered to resell the property
to him.
CFI: In favor of Valentin.
ISSUE + HELD:
1. W/N Valentin may legally redeem the property from Samonte [YES]
Samonte: The registration of the deed of sale, pursuant to Sec. 511 of the Land
Registration Act was sufficient notice of the sale to the heirs, thus the running of
period of prescription should start from that date. Thus, the offer to redeem the
property more than 3 years from the registration is no longer valid since it’s way
beyond the 30-day prescription period prescribed in NCC10882.
o SC: The provision in the LRA cannot apply since it specifically talks
about registered lands. Added to this, NCC1088 specifically provides
1
LRA, Sec. 51: Every conveyance, mortgage, lease, lien, attachment, order, decree,
instrument, or entry affecting registered land which would under existing laws, if recorded,
filed or entered in the office of the register of deeds, affect the real estate to which it relates
shall, if registered, filed, or entered in the office of the register of deeds in the province or city
where the real estate to which such instrument relates lies, be notice to all persons from the
time such registering, filing or entering
2
NCC1088: Should any of the heirs sell his hereditary rights to a stranger before the partition,
any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him
for the price of the sale, provided they do so within the period of one month from the time they
were notified in writing of the sale by the vendor