AQUILIZAN

| D2019

Situation

Legal redemption
To whom granted

SALES FINALS REVIEWER

Action

Period

Co-owner

Shares of all the other coIf 2 or more co-owners desire to
owners or any of them in
exercise the right
a thing owned in
! may only do so in proportion
common are sold to third
to the share they may
person
respectively have in the thing
owned in common

Redemption
from
subsequent
purchaser

Pre-emption
or purchase
the property
before others
Redemption
or purchase
the property
from another
buyer
Redemption
from
subsequent
purchaser

Adjoining owner of a
In case a rural land is sold
rural land
to a stranger*


Order of preference

Owner with smaller
*Cannot be exercised
land area
against a fellow adjacent
If same area, then the
owner
one who first requested
the redemption

In case an urban land is

sold to a stranger*


*Cannot be exercised
against a fellow adjacent
owner

Adjoining owner of
urban land

Order of preference
One whose intended
use of the land in
question appears best
justified

In case a land acquired

under the free patent or
homestead provision is
conveyed

Applicant
His widow
His legal heirs

Requisites
There must be co-ownership
of a thing
There must be alienation of
all or of any of the shares of
the other co-owners
Sale must be to a third
person or stranger
Must be before partition
Payment is not grossly
excessive ! if not, co-owner
shall pay only a reasonable
one
All lands must be rural lands
Lands must be adjacent to
each other
A piece of rural land* is
alienated
Area does not exceed 1
hectare
Buyer must already own
other rural lands

30 days from notice

In writing

By the seller
Of the actual execution
and delivery of the deed
of sale

Actual knowledge of the sale is

immaterial, absent any showing

that the co-owner has been

shown a copy of the deed of sale

through a written communication

The law did not provide for a

particular mode of written notice,

thus any compliance with
*Used for agricultural or pastoral
written notice should suffice,,
purposes
including the giving of a copy of
the deed of sale
The one exercising the right

must be an adjacent owner

The piece of land sold must
be so small and so situated
that a major portion thereof
cannot be used for any
practical purpose within a
reasonable time

With in 5 years from the

date of conveyance
If pacto de retro sale, the
period to redeem cannot

Land is acquired under a free

patent or homestead*
The ownership of the land
must have been transferred

AQUILIZAN | D2019

Legal redemption
Exception:
Land is sold to another member
of the family of the applicant, or
his direct descendant or heir

SALES FINALS REVIEWER

be less than 5 years

In case a credit or
incorporeal right in
litigation is sold

In case of tax sale

In case of execution sale

In case of extrajudicial

30 days from the date the

assignee demands payment from
debtor

to another. If the transaction

is a mere promise to sell,
there is no right yet to
redeem
The conveyance is made
after the prohibited 5 years
from the issuance of the
patent or grant

*Free patent or homestead
Lands covered are alienable
public lands
a free patent/homestead
title provides equitable
ownership of the land
provided 1/5 of the land is
cultivated continuously
title remains with the
government
Assignee is reimbursed for the
Price paid
Judicial expense incurred
Interest on the price from
the date of payment
Assignment is NOT in favor of
Co-heir/co-owner of right
assigned
Creditor in payment of his
credit
Possessor of a tenement or
piece of land which is
subject to the right assigned

Debtor

Taxpayer
Judgment debtor
Successors-in-interest
Creditor with
subsequent lien

1year from the date of forfeiture

1 year from the date of
registration of the certificate of
sale

Debtor-mortgagor

1 year from the date of sale

AQUILIZAN | D2019

foreclosure of mortgage

Legal redemption

Successors-in-interest
Judicial/judgment
creditor
Any person having a lien
on the property

SALES FINALS REVIEWER

In case of judicial
foreclosure of real estate
mortgage IF the
mortgagee is a bank or a
banking institution

In case a landholding was

sold to a 3rd person w/o
the knowledge of the
agricultural lessee

Debtor-mortgagor

Agricultural lessee w/o

knowledge of sale of
landholding

If there are 2 or more
agricultural lessee
! each shall be entitled to said
right of redemption only to the
extent of the area actually
cultivated by him

90 days from finality of judgment

180 days from notice in writing to

All lessees affected
Department of Agrarian
Reform

Filing suspends the running of the
period

Petition or request shall be
resolved within 60 days from the
filing thereof
! if not, period shall start to run
again

The land-holding must be

pre-empted by the DAR
The lessee filed the
corresponding petition or
request with the department
or corresponding case in
court