SI v. CA- Right of Redemption

After physical division of a lot the community ownership is terminated and right of redemption is no longer available.

FACTS:

Spouses Armada transferred their property to the names of their three sons namely, Crisotomo, Jose and Severo. Crisostomo through Cresencia (atty-in-fact) executed a deed of sale in favor Anita Si.
Spouses Jose Armada (other brother) filed a complaint to annul the sale on the ground that there was no written notice of such sale whereas the deed stated that “the co-owners are not interested in buying the land”. Further, there was misrepresentation on the citizenship of Cresencia is a Filipino citizen.
Petitioners claimed that there was really no co-ownership since the parents executed three deeds of sale assigning specific properties to the brothers. Since there is no-ownership it follows that there is no right to redemption. Petitioners pointed out that it was only because the brothers failed to submit a subdivision plan which is the reason why there is only one certificate of title.
Lower court dismissed the petition. CA reversed and said that co-ownership still exists and that the land was undivided. Petitioners filed a motion for new trial on the basis that there was annotation at the back of the original TCT due to the sale in favor of the brothers. CA denied because the reglementary period had lapsed and the decision has become final and executory.

ISSUE:

Whether or not private respondents are co-owners and that they are entitled to right of redemption based on Art 1623 of NCC.

RULING:

1. Trial court was correct in finding that the parents already partitioned the property which was registered with the RD. Every portion conveyed and transferred was definitely described and segregated with corresponding technical description. After this division co-ownership already ceased. Hence, there is no right to redemption available to the respondents.

2. There was an actual notice of the impending sale and Jode even acknowledged such when he told his brother Crisostomo in a letter “Well you are the king of yourselves, and you can sell your share of Leveriza. Written notice is no longer necessary when there is actual notice.