Garcia v. Calaliman
G.R. No. L-26855 April 17, 1989
On February 11, 1946, one Gelacio Garcia died intestate, leaving a parcel of
unregistered land. On his death the property was inherited by his nephews, nieces,
grandnephews who are the descendants of his late brothers, Pedro, Simeon,
Buenaventura and Marcos.
The heirs, Juanita Bertomo, Joaquin Garcia, Porfirio Garcia, Dioscoro Garcia,
Flora Garcia, Consolacion Garcia, Remedios Garcia, Trinidad Garcia, Baltazar Garcia
signed a document entitled, “Extra-judicial Partition and Deed of Sale”.
The heirs, Juanita Bertomo, Joaquin Garcia, Porfirio Garcia, Dioscoro Garcia,
Flora Garcia, Consolacion Garcia, Remedios Garcia, Trinidad Garcia, Baltazar Garcia
signed a document entitled, “Extra-judicial Partition and Deed of Sale”.
Heirs Francisco Garcia, Paz Garcia, and Maria Garcia, petitioners herein, filed
against the spouses Jose Calaliman and Paciencia Trabadillo, private respondents an
action for legal redemption of the 3/4 portion of the parcel of land inherited by the heirs
from the late Gelacio Garcia, which portion was sold by their co-heirs to the defendants.
ISSUE: Whether or not petitioners took all the necessary steps to effectuate their
exercise of the right of legal redemption within the period fixed by Art. 1088 of the Civil
Code.
Yes. Written notice is indispensable, actual knowledge of the sale acquired in
some other manners by the redemptioner, notwithstanding. He or she is still entitled to
written notice, as exacted by the Code, to remove all uncertainty as to the sale, its terms
and its validity, and to quiet any doubt that the alienation is not definitive. The law not
having provided for any alternative, the method of notifications remains exclusive,
though the Code does not prescribe any particular form of written notice nor any
distinctive method for written notification of redemption
