Remedies vs. Causes of Action
Section 2, Rule 2 of the Rules of Court defines a cause of action as "the act or omission by which a party violates a right of another." The cause of action in Civil Case No. 273 and Civil Case No. 576 is the sale of the entire subject property by Basilia, et al., to petitioners without respondent’s knowledge and consent, hence, depriving respondent of her rights and interests over her pro-indiviso share in the subject property as a co-heir and co-owner. The annulment of the sale of respondent’s share in the subject property, the legal redemption by respondent of her co-heirs’ share sold to petitioners, and the claim for damages should not be mistaken to be the causes of action, but they were the remedies and reliefs prayed for by the respondent to redress the wrong allegedly committed against her.
[R]espondent invoked Articles 1088 and 1620 of the Civil Code of the Philippines in support of their right to redeem the subject property. The said provisions state:
Art. 1088. 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. x x x x
Art. 1620. A co-owner of a thing may exercise the right of redemption in case the shares of all the other co-owners or of any of them, are sold to a third person. If the price of the alienation is grossly excessive, the redemptioner shall pay only a reasonable one.
Should two or more co-owners desire to exercise the right of redemption, they may only do so in proportion to the share they may respectively have in the thing owned in common. (G.R. No. 175151; September 21, 2011)
[R]espondent invoked Articles 1088 and 1620 of the Civil Code of the Philippines in support of their right to redeem the subject property. The said provisions state:Art. 1088. 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. x x x x
Art. 1620. A co-owner of a thing may exercise the right of redemption in case the shares of all the other co-owners or of any of them, are sold to a third person. If the price of the alienation is grossly excessive, the redemptioner shall pay only a reasonable one.
Should two or more co-owners desire to exercise the right of redemption, they may only do so in proportion to the share they may respectively have in the thing owned in common. (G.R. No. 175151; September 21, 2011)
