CONVENTIONAL REDEMPTION

What is conventional redemption?

Seller reserved the right to repurchase thing sold coupled with obligation to return price of the sale,
expenses of contract & other legitimate payments and the necessary & useful expenses made on the
thing sold Note: Right to repurchase must be reserved at the time of perfection of sale. (Pineda, p. 333)

LEGAL REDEMPTION
What is legal redemption?
It is the right to be subrogated upon the same terms and conditions stipulated in the contract, in the place
of one who acquires the thing by purchase or by dation in payment or by other transaction whereby
ownership is transmitted by onerous title.

What are the instances of legal redemption?

1. Sale of a co-owner of his share to a stranger (Art. 1620)
2. When a credit or other incorporeal right in litigation is sold (Art. 1634)
3. Sale of an heir of his hereditary rights to a stranger (Art. 1088)
4. Sale of adjacent rural lands not exceeding 1 hectare (Art. 1621)
5. Sale of adjacent small urban lands bought merely for speculation (Art. 1622)

What is the period of redemption?

1. No period agreed upon 4 years from date of contract
2. When there is agreement should not exceed 10 years; but if it exceeded, valid only for the first 10
years.
3. When period to redeem has expired & there has been a previous suit on the nature of the contract
seller still has 30 days from final judgment on the basis that contract was a sale with pacto de retro:
Rationale: no redemption due to erroneous belief that it is equitable mortgage which can be extinguished
by paying the loan.
4. When period has expired & seller allowed the period of redemption to expire seller is at fault for not
having exercised his rights so should not be granted a new period
Note: Tender of payment is sufficient but it is not in itself a payment that relieves the seller from his liability
to pay the redemption price.

When does period of redemption begin to run?

1. Right of legal pre-emption or redemption shall be exercised within 30 days from written notice by the
buyer deed of sale not to be recorded in Registry of Property unless accompanied by affidavit that buyer
has given notice to redemptioners
2. When there is actual knowledge, no need to give written notice; period of redemption begins to run
from actual knowledge

Source:
http://www.batasnatin.com/law-library/civil-law/sales/2360-conventional-redemptionand-legal-redemption.html