2n d Par, Article 1621, Civil Code The right is not applicable to adjacent lands which are separated by brooks, drains,
ravines, road and other apparent servitudes for the benefit of other estates.
\ue000Object of the law:
\u25cbTo prevent the rural land consisting 1 ha or less, from passing into the hands of a person other than
the adjacent owners who can make use of the alienated property for the improvement and
development of their own lands
\u25cbToco nso lida te scatted small agricultural land under one ownership
3rd Par, Article 1621, Civil Code If 2 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.
LEGAL REDEMPTION BY LAND-OWNERS OF ADJOINING URBAN LAND
1st Par, Article 1622 , Civil Code 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
\ue000Reason for the law:
To discourage speculation in real-estate and aggravate the housing problem
\ue000\u201cRight of pre-emption\u201d is a right to acquire certain property in preference to any other person. It usually refers
to property newly coming into existence (Wikipedia).
2n d Par, Article 162 2, Civil Code If the re-sale has been perfected, the owner of the adjoining land shall have a right of
redemption, also at a reasonable price.
3rd Par, Article 1622 , Civil Code When two or more owners of adjoining lands wish to exercise the rights of pre-emption
or redemption, the owner whose intended use of the land in question appears best justified shall be preferred.
LEGAL REDEMPTION IN ASSIGNMENT OF A CHOSE IN ACTION
Debtor may extinguish the obligation by reimbursing the assignee of:
Price the assignee paid for the incorporeal right in litigation
Judicial costs incurred by him
Interest on the price from the day on which the same was paid
A credit or incorporeal right is \u201cin litigation\u201d from the time the complaint concerning the same is answered
Reason for the law:
To discourage speculation in lawsuits which would make courts an instrument for profit
EXCEPTIONS - Right is not available when:
a. Assignment of credit was made before any litigation
b.Assignments made to:
\ue001A co-heir or co-owner of the credit
\ue001Creditor in payment of his credit
\ue001Possessor of tenement or land which is subject to the assigned right
Reason for exceptions:
\u25cbBECAUSE assignee has a valid interest in the right or property assigned, and that the assignment was
not acquired for speculative purposes
PERIOD TO REDEEM
1st Par, Article 1623 , Civil Code The right of legal pre-emption or redemption shall not be exercised except within3 0
days from the notice in writing by the prospective vendor or by the vendor, as the case may be. The deed of sale
shall not be recorded in the Registry of Property, UNLESS accompanied by ana ffida v it by the vendor that he has
given written notice thereof to all possible redemptioners.
\ue000Mere knowledge of the sale by the redemptioner acquired in any manner does not satisfy the requirement.
\ue000Purpose of the law:
To remove all uncertainty as to the sale, its terms and validity
To quiet any doubt that the alienation is not definitive
\u25cbMay be in the form of aletter or a copy of the motion filed in court on the redemptioner
Must be of the actual sale and not of a mere intention to sell
\ue000Reason for requirement of an affidavit:
To impress upon the affiant the necessity of making a true statement