CASE DIGEST: Butte v. Manuel Uy & Sons (G.R. No. L-15499)
CASE DIGEST: 114 Phil. 443 [ G. R. No. L-15499, February 28, 1962 ] [With
Resolutions of April 23, 1962] ANGELA M. BUTTE, PLAINTIFF AND APPELLANT, VS.
MANUEL UY & SONS, INC., DEFENDANT AND APPELLEE. REYES, J.B.L., J.:
FACTS: During his lifetime, Jose Ramirez co-owned a property in Manila,
with 5 other persons. In his last will and testament, Jose bequeathed his
estate, which included his 1/6 undivided portion in the said property, to his
children and grandchildren, and 1/3 of the free portion to Mrs. Angela Butte.
Eight years after the death of Jose and while the estate proceedings were
still pending, one of the co-owners sold her 1/6 share in the property to
Manuel Uy & Sons. After being informed of said sale, Mrs. Butte, offered
to redeem said 1/6 share sold to Manuel Uy and Sons and filed the corresponding
legal action for legal redemption.
ISSUE: Can Butte exercise the
right of legal redemption despite
the presence of the judicial administrator and pending the final distribution
of her shares in the testate proceedings?
HELD: As testamentary heir of the estate of Jose Ramirez, Butte
acquired an interest in the undivided 1/6 share owned by her predecessor in
the subject property. This right was vested from the moment of the death of
the aforesaid co-owner Jose Ramirez. By law, the rights to the succession
of a deceased person are transmitted to his heirs from the moment of his
death, and the right of succession includes all property, rights and
obligations that survive the decedent. As a consequence, the heirs of Jose
Ramirez acquired his undivided share in the subject property from the moment
of his death, and from that instant,
they became co-owners in the aforesaid property, together with the original
surviving co-owners of their decedent.
A co-owner of an undivided share is necessarily a co-owner of the whole.
Hence,
anyone of Jose’s heirs became entitled to exercise the right of legal
redemption as soon as another co-owner has sold his undivided share to a
stranger.
The presence of the judicial administrator is of no moment
because the rights of the administrator of possession and administration of
the real and personal estate of the deceased do not include the right of legal
redemption of the undivided share sold to Manuel Uy and Sons because the right
to redeem only came into existence when the sale was perfected 8 years from
the death of Jose Ramirez. The administrator cannot exercise the right of
legal redemption since the land was sold AFTER the death of Ramirez. The right
to redeem therefore pertains to the heirs and not the estate. The
administrator may exercise the right to redeem only if the right pertains to
the estate, and this can only happen if the sale of said portion to Uy was
done BEFORE the death of Ramirez.
