División en función de la intensidad del esfuerzo y del

Laches seems to be a special exception to notice rule under Art 1623. (Villanueva citing Alonzo v. IAC)

1. Redemption among co-owners

67 ABILLA v GABONSENG: The applicability of Article 1606 rests on the bona fide intent of the vendor a retro, i.e., respondent in this case. If he honestly believed that the transaction was an equitable mortgage, the said article applies and he can still repurchase the property within thirty days from finality of the judgment declaring the transaction as a sale with pacto de retro.

Parenthetically, it matters not what the vendee intended the transaction to be.

68₁ HERMOSO v CA : It was error for the respondent court to rule that the right of the petitioner to redeem the alienated share had long proscribed. This finding fails to take into account that the period of legal redemption is not a prescriptive period. It is a condition precedent to the exercise of the right of redemption. It is a period set by law to restrict the right of the person exercising the right of legal redemption. It is not one of prescription. While the law requires that the notice must be in writing, it does not state any particular form thereof, so long as the reasons for a written notice are present. The records of the case show that the sale of the brothers’ share was deliberately hidden from the petitioners. For sometime after the sale, the petitioners were ignorant about its execution. When they somehow heard rumors about it, they had to take one step after another to find out if the information was true.

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. (1522a) a) When the right may be exercised: when a share of a co-owner is sold to a third person, who is a stranger.

b) Thrust of the law: to reduce the number of co-owners until the community is done away with.

c) When the right is not available

1) Where the share of the co-owner is sold to another co-owner

2) Where the share of a co-owner was merely mortgaged

d) Should two or more co-owners desire to exercise the right, they may only do so in proportion to the share they may respectively have in the thing owned in common.

2. Redemption among adjoining owners The law distinguishes between rural and urban lands. The distinction is based on the character of the community or vicinity in which it is found.

This is to encourage the maximum development and utilization of lands.

a. Rural lands

Art. 1621. The owners of adjoining lands shall also have the right of redemption when a piece of rural land, the area of which does not exceed one hectare, is alienated, unless the grantee does not own any rural land.

This right is not applicable to adjacent lands which are separated by brooks, drains, ravines, roads and other apparent servitudes for the benefit of other estates.

If two or more adjoining owners desire to exercise the right of redemption at the same time, the owner of the adjoining land of smaller area shall be preferred; and should both lands have the same area, the one who first requested the redemption. (1523a)

a) When the right may be exercised: when a piece of rural land not exceeding 1 ha., is

alienated [unless the grantee does not own any rural land]

b) Thrust of the law

1. to prevent the rural land not exceeding 1 ha.

from passing into the hands of a person other than the adjacent owners who can make use of the alienated property for the development of their own lands

2. to consolidate scattered small agricultural lands under one ownership

c) When the right is not available

o

Adjacent lands which are separated by brooks, drains, ravines, roads and other apparent servitudes for the benefit of other estates [because owners cannot be said to be adjoining owners anymore]

d) If two or more adjoining owners desire to exercise the right of redemption at the same time, the owner of the adjoining land of smaller area shall be preferred; and should both lands have the same area, the one who first requested the redemption.

b. Urban lands ⁶⁹

Art. 1622. Whenever a piece of urban land which is so small and so situated that a major portion thereof cannot be used for any practical purpose within a reasonable time, having been bought merely for speculation, is about to be re-sold, the owner of any adjoining land has a right of pre-emption at a reasonable price.

If the re-sale has been perfected, the owner of the adjoining land shall have a right of redemption, also at a reasonable price.

When two or more owners of adjoining lands wish to exercise the right of pre-emption or redemption, the owner whose intended use of the land in question appears best justified shall be preferred. (n)

a) When the right may be exercised: when a piece of urban land which is so small and so situated that a major portion thereof cannot be used for any practical purpose within a reasonable time, having been bought merely for speculation, is about to be resold b) Thrust of the law: to discourage speculation in real estate and aggravate the housing problem.

c) When the right is not available: When the urban land is transferred under an “exchange” of properties [because there is no resale]⁷⁰

69 ORTEGA v ORCINE The term “urban” in Art. 1622 does not necessarily refer to the nature of the land itself but to the character of the community or vicinity in which it is found.

70 SEN PO EK MARKETING v. MARTINEZ:

d) When two or more owners of adjoining lands wish to exercise the right of pre-emption or redemption, the owner whose intended use of the land in question appears best justified shall be preferred.

Assignment of a chose in action

Art. 1634. When a credit or other incorporeal right in litigation is sold, the debtor shall have a right to extinguish it by reimbursing the assignee for the price the latter paid therefor, the judicial costs incurred by him, and the interest on the price from the day on which the same was paid.

A credit or other incorporeal right shall be considered in litigation from the time the complaint concerning the same is answered.

The debtor may exercise his right within thirty days from the date the assignee demands payment from him. (1535)

a) When the right may be exercised: when a credit or other incorporeal right in litigation is sold.

b) Thrust of the law: to discourage speculation in lawsuits which would make the courts an instrument for profit.

c) When the right is not available [because the assignee has a valid interest in the right or property assigned]

1. When the assignment of a credit was made before any litigation

2) Assignments made to a heir or co-owner of the credit, to a creditor in payment of his credit, to the possessor of a tenement or land which is subject to the assigned credit. (Art. 1635)

Redemption of homestead

CA 141. Sec. 119. Every conveyance of land acquired under a free patent or homestead, when proper, shall be subject to repurchase by the applicant, his widow or legal heirs within 5 years from the date of conveyance.

a) Who may redeem 1. the applicant 2. his widow 3. legal heirs

Article 1622 is not applicable to a lessee trying to buy the land he is leasing.

b) Period of redemption: within 5 years from the date of conveyance

Redemption in tax sales

NIRC of 1997. Sec. 215. Forfeiture to Government for Want of Bidder. - In case there is no bidder for real property exposed for sale as herein above provided or if the highest bid is for an amount insufficient to pay the taxes, penalties and costs, the Internal Revenue Officer conducting the sale shall declare the property forfeited to the Government in satisfaction of the claim in question and within two (2) days thereafter, shall make a return of his proceedings and the forfeiture which shall be spread upon the records of his office. It shall be the duty of the Register of Deeds concerned, upon registration with his office of any such declaration of forfeiture, to transfer the title of the property forfeited to the Government without the necessity of an order from a competent court.

Within one (1) year from the date of such forfeiture, the taxpayer, or any one for him may redeem said property by paying to the Commissioner or the latter's Revenue Collection Officer the full amount of the taxes and penalties, together with interest thereon and the costs of sale, but if the property be not thus redeemed, the forfeiture shall become absolute.

Who may redeem

1. the delinquent taxpayer 2. anyone for him

Period of redemption: within 1 year from the date of sale

Redemption by a judgment debtor

Rules of Civil Procedure. Rule 39. Sec. 27. Who may redeem real property so sold.

Real property sold as provided in the last preceding section, or any part thereof sold separately, may be redeemed in the manner hereinafter provided, by the following persons:

(a) The judgment obligor, or his successor in interest in the whole or any part of the property;

(b) A creditor having a lien by virtue of an attachment, judgment or mortgage on the property sold, or on some part thereof, subsequent to the lien under which the property was sold. Such redeeming creditor is termed a redemptioner.

a) Who may redeem 1. the judgment obligor 2. his successors-in-interest

3. creditor having a lien by virtue of an attachment

Period of redemption: within 1 year from the date of registration of the certificate of sale Redemption in extrajudicial foreclosure of mortgages

Act No. 3135. Sec. 6. In extrajudicial foreclosure of mortgage, the debtor, his successors-in-interest, any judicial or judgment creditor of said debtor, or any junior encumbrancer may redeem the property within 1 year from the date of the sale. [This provision is taken from Baviera only– not sure if this is the exact wording of the law.]

a) Who may redeem 1. the debtor

2. his successors- in-interest

3. judicial creditor/judgment creditor of the debtor

4. any person having a lien on the property Period of redemption: within 1 year from the date of the sale

Redemption in judicial foreclosure of mortgages RA 8791 (The General Banking of Law of 2000).

Sec. 47. Foreclosure of Real Estate Mortgage. - In the event of foreclosure, whether judicially or extra-judicially, of any mortgage on real estate which is security for any loan or other credit accommodation granted, the mortgagor or debtor whose real property has been sold for the full or partial payment of his obligation shall have the right within one year after the sale of the real estate, to redeem the property by paying the amount due under the mortgage deed, with interest thereon at rate specified in the mortgage, and all the costs and expenses incurred by the bank or institution from the sale and custody of said property less the income derived therefrom. However, the purchaser at the auction sale concerned whether in a judicial or extra-judicial foreclosure shall have the right to enter upon and take possession of such property immediately after the date of the confirmation of the auction sale and administer the same in accordance with law. Any petition in court to enjoin or restrain the conduct of foreclosure proceedings instituted pursuant to this provision shall be given due course only upon the filing by the petitioner of a bond in an amount fixed by the court conditioned that he will pay all the damages which the bank may suffer by the enjoining or the restraint of the foreclosure proceeding.

Notwithstanding Act 3135, juridical persons whose property is being sold pursuant to an extrajudicial foreclosure, shall have the right to redeem the property in accordance with this provision until, but not after, the registration of the certificate of foreclosure sale with the applicable Register of Deeds which in no case shall be more than three (3) months after foreclosure, whichever is earlier. Owners of property that has been sold in a foreclosure sale prior to the effectivity of this Act shall retain their redemption rights until their expiration.

GENERAL RULE: No right to redeem is granted to the debtor-mortgagor when there has been judicial foreclosure of real estate mortgage.

EXCEPTION: When the mortgagee is a bank or a banking institution.

Legal right to redeem under the Agrarian Reform Code

RA 3844. Sec. 12. Lessee’s Right of Redemption.-In case the landholding is sold to a third person without the knowledge of the agricultural lessee, the latter shall have the right to redeem the same at a reasonable price and consideration; Provided, That the entire landholding sold must be redeemed:

Provided, further, That where there are two or more agricultural lessees, each shall be entitled to said right of redemption only to the extent of the area actually cultivated by him. The right of redemption under this Section may be exercised within two years from the registration of the sale, and shall have priority over any other right of legal redemption.

a) Who may redeem: the lessee who has no knowledge of the sale to a third person

b) Period of redemption: within 2 years from the registration the sale

c) Conditions for redemption: the entire landholding sold must be redeemed

d) where there are two or more agricultural lessees, each shall be entitled to said right of redemption only to the extent of the area actually cultivated by him

XV. BULK SALES LAW⁷¹

ACT NO. 3952. An act to regulate the sale, transfer, mortgage or assignment of goods, wares, merchandise, provisions or materials, in bulk, and prescribing penalties for the violation of the provisions thereof.

71 LIWANAG v MENGHRAJ: The constitutional right to dispose freely of one’s property is not absolute. The creditor should be protected in his rights against the debtor. The State, in the exercise of its police power, seeks to protect such creditor against insolvent and fraudulent vendors

Sec 1. This Act shall be known as "The Bulk Sales Law."

Sec. 2. Sale and transfer in bulk. — Any sale, transfer, mortgage or assignment of a stock of goods, wares, merchandise, provisions, or materials otherwise than in the ordinary course of trade and the regular prosecution of the business of the vendor, mortgagor, transferor, or assignor, or sale, transfer, mortgage or assignment of all, or substantially all, of the business or trade theretofore conducted by the vendor, mortgagor, transferor, or assignor, or of all, or substantially all, of the fixtures and equipment used in and about the business of the vendor, mortgagor, transferor, or assignor, shall be deemed to be a sale and transfer in bulk, in contemplation of this Act: Provided, however, That if such vendor, mortgagor, transferor or assignor, produces and delivers a written waiver of the provisions of this Act from his creditors as shown by verified statements, then, and in that case, the provisions of this section shall not apply.

Sec. 3. Statement of creditors. — It shall be the duty of every person who shall sell, mortgage, transfer, or assign any stock of goods, wares, merchandise, provisions or materials in bulk, for cash or on credit, before receiving from the vendee, mortgagee, or his, or its agent or representative any part of the purchase price thereof, or any promissory note, memorandum, or other evidence therefor, to deliver to such vendee, mortgagee, or agent, or if the vendee, mortgagee, or agent be a corporation, then to the president, vice-president, treasurer, secretary or manager of said corporation, or, if such vendee or mortgagee be a partnership firm, then to a member thereof, a written statement, sworn to substantially as hereinafter provided, of the names and addresses of all creditors to whom said vendor or mortgagor may be indebted, together with the amount of indebtedness due or owing, or to become due or owing by said vendor or mortgagor to each of said creditors, which statement shall be verified by an oath to the following effect:

PHILIPPINE ISLANDS

PROVINCE OR CITY OF _________________}

Before me, the undersigned authority, personally appeared __________________ (vendor, mortgagor, agent or representative, as the case may be), bearing cedula No. ____________

issued at ___________ on the day of _____________ who, by me being first duly sworn, upon his oath, deposes and states that the foregoing statement contains the names of all of the creditors of ________________

(vendor, or mortgagor) together with their

addresses, and that the amount set opposite each of said respective names, is the amount now due and owing, and which shall become due and owing by _____________ (vendor or mortgagor) to such creditors, and that there are no creditors holding claims due or which shall become due, for or on account of goods, wares, merchandise, provisions or materials purchased upon credit or on account of money borrowed, to carry on the business of which said goods, wares, merchandise, provisions or materials are a part, other than as set forth in said statement.

______________________

Subscribed and sworn to before me this __________

day of _________, 19____, at _____________.

Sec. 4. Fraudulent and void sale, transfer or mortgage. — Whenever any person shall sell, mortgage, transfer, or assign any stock of goods, wares, merchandise, provisions or materials, in bulk, for cash or on credit, and shall receive any part of the purchase price, or any promissory note, or other evidence of indebtedness for said purchase price or advance upon mortgage, without having first delivered to the vendee or mortgagee or to his or its agent or representative, the sworn statement provided for in section three hereof, and without applying the purchase or mortgage money of the said property to the pro rata payment of the bona fide claim or claims of the creditors of the vendor or mortgagor, as shown upon such sworn statement, he shall be deemed to have violated this Act, and any such sale, transfer or mortgage shall be fraudulent and void.

Sec. 5. Inventory. — It shall be the duty of every vendor, transferor, mortgagor, or assignor, at least ten days before the sale, transfer or execution of a mortgage upon any stock of goods, wares, merchandise, provisions or materials, in bulk, to make a full detailed inventory thereof and to preserve the same showing the quantity and, so far as is possible with the exercise of reasonable diligence, the cost price to the vendor, transferor, mortgagor or assignor of each article to be included in the sale,

Sec. 5. Inventory. — It shall be the duty of every vendor, transferor, mortgagor, or assignor, at least ten days before the sale, transfer or execution of a mortgage upon any stock of goods, wares, merchandise, provisions or materials, in bulk, to make a full detailed inventory thereof and to preserve the same showing the quantity and, so far as is possible with the exercise of reasonable diligence, the cost price to the vendor, transferor, mortgagor or assignor of each article to be included in the sale,

In document BASES ZOOTÉCNICAS PARA EL CÁLCULO DEL BALANCE ALIMENTARIO DE NITRÓGENO Y DE FÓSFORO ÉQUID S (página 53-60)