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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 37521. December 22, 1934. ]

FRANCISCO MAGNO, Plaintiff-Appellant, v. MONICA VIOLA and VICENTE SOTTO, Defendants-Appellants.

Claro M. Recto, for Plaintiff-Appellant.

Sotto & Astilla, for Defendants-Appellants.

SYLLABUS


1. JUDICIAL SALE; REDEMPTION; WHO MAY REDEEM. — The right of redemption is not predicated on proprietary right, which, after the sale of property on execution, leaves the judgment debtor and vests in the purchaser, but on a bare statutory privilege to be exercised only by the persons named in the statute. In other words, the statute does not make actual ownership at the time of sale or redemption a condition precedent, the right following the person and not the land.

2. ID.; ID.; ID.; STATUTORY RULE. — Under the law the property sold subject to redemption may be redeemed by the judgment debtor, or his successor in interest in the whole or any part of the property.

3. ID.; ID.; ID.; SUCCESSOR IN INTEREST. — Under the law which permits a successor in interest to redeem the property sold on execution, the term "successor in interest" includes one to whom the debtor has transferred his statutory right of redemption; one to whom the debtor has conveyed his interest in the property for the purpose of redemption; or one who succeeds to the interest of the debtor by operation of law; or one or more joint debtors who were joint owners of the property sold; or the wife as regards her husband’s homestead by reason of the fact that some portion of her husband’s title passes to her.

4. ID.; ID.; ID.; ID.; ATTORNEY AS REDEMPTIONER. — An attorney who had a contract with his client that they would divide the property in litigation in case of gain, is a successor in interest under section 464 of the Code of Civil Procedure, and as such, entitled to redeem his part upon the property being sold on execution.

5. ID.; COMMUNITY PROPERTY; REDEMPTION BY COMMONER OR COPARCENER. — The general rule is that one who owns a part of the land sold or has some interest therein may redeem the whole land. The rule varies where the purchaser is himself a part owner. The civil law completely denies the right of redemption to a coowner when the purchaser is a part owner.


D E C I S I O N


ABAD SANTOS, J.:


This action was brought in the Court of First Instance of Nueva Ecija by the plaintiff and appellant against the defendants and appellants to try the titles to two parcels of land referred to in the record as lots Nos. 2 and 3. The case was tried upon on agreed statement of facts and upon the documentary evidence submitted by the parties. After trial, the court below rendered judgment the dispositive part of which reads as follows:jgc:chanrobles.com.ph

"En su virtud, el Juzgado es de opinion que debe fallar y falla esta causa en cuanto a la demanda, declarando que el demandante Francisco Magno es dueño de las 3/6 partes del lote No. 2 descrito en el parrafo 2.
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