Sunday, October 26, 2014

SPOUSES AMADO & MILAGROS TINIO AND ROLANDO TINIO VS. NELLIE MANZANO GR No. 132102 May 19, 1999



Facts: Private respondent Nellie A. Manzano is a co-owner, together with her brothers and sisters of a lot. While private respondent was abroad, her brothers and sisters sold the aforesaid property to petitioner Rolando Tinio, the son of the other petitioners, spouses Amado and Milagros Tinio, for the price of P100,000.00.  In a forged “Affidavit of Waiver of Rights, Claim and Interest”, private respondent was made to appear as having waived her rights over lot in favor of Rolando Tinio. Upon private respondent’s return to the Philippines in 1994, the plaintiff-appellee offered to redeem the shares of her co-owners pursuant to Articles 1620 and 1621 of the New Civil Code. Receiving no reply, private respondent filed an action for legal redemption before the trial court.
Issue:  Whether Nellie Manzano had actual knowledge of the sale estopping her from asserting her alleged right of legal redemption.
Held: It is clear that the plaintiff was not apprised of the consummated sale.  In fact, she did not even know the actual vendee until after she filed the complaint.  Concededly, the plaintiff was aware of the negotiations for the sale of the properties by her co-owners for which reason she asked the prospective vendees to wait for her arrival in order that they could talk about the sale.  But her awareness of the intention to sell by her co-owners cannot take the place of actual knowledge because it was not shown that she had anything to do with the negotiations and the consummation of the sale.  

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