CONVENTIONAL REDEMPTION

What is conventional redemption?

Seller reserved the right to repurchase thing sold coupled with obligation to return price of the sale, expenses of contract & other legitimate payments and the necessary & useful expenses made on the thing sold Note: Right to repurchase must be reserved at the time of perfection of sale. (Pineda, p. 333)

LEGAL REDEMPTION

What is legal redemption?

It is the right to be subrogated upon the same terms and conditions stipulated in the contract, in the place of one who acquires the thing by purchase or by dation in payment or by other transaction whereby ownership is transmitted by onerous title.

What are the instances of legal redemption?

1. Sale of a co-­‐owner of his share to a stranger (Art. 1620)

2. When a credit or other incorporeal right in litigation is sold (Art. 1634)

3. Sale of an heir of his hereditary rights to a stranger (Art. 1088)

4. Sale of adjacent rural lands not exceeding 1 hectare (Art. 1621)

5. Sale of adjacent small urban lands bought merely for speculation (Art. 1622)

What is the period of redemption?

1. No period agreed upon – 4 years from date of contract

2. When there is agreement – should not exceed 10 years; but if it exceeded, valid only for the first 10 years.

3. When period to redeem has expired & there has been a previous suit on the nature of the contract – seller still has 30 days from final judgment on the basis that contract was a sale with pacto de retro:

Rationale: no redemption due to erroneous belief that it is equitable mortgage which can be extinguished by paying the loan.

4. When period has expired & seller allowed the period of redemption to expire – seller is at fault for not having exercised his rights so should not be granted a new period

Note: Tender of payment is sufficient but it is not in itself a payment that relieves the seller from his liability to pay the redemption price.

When does period of redemption begin to run?

1. Right of legal pre-­‐emption or redemption shall be exercised within 30 days from written notice by the buyer – deed of sale not to be recorded in Registry of Property unless accompanied by affidavit that buyer has given notice to redemptioners

2. When there is actual knowledge, no need to give written notice; period of redemption begins to run from actual knowledge