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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