G.R. No.

L-15499 February 28, 1962

ANGELA M. BUTTE, plaintiff-appellant,

vs.
MANUEL UY and SONS, INC., defendant-appellee.

FACTS

1. Jose V. Ramirez was a co-owner of a house and lot located at Sta Cruz, Manila. Upon the death of
Jose V. Ramirez, all his property including the 1/6 undivided share was bequeathed to his children
and grandchildren and 1/3 of the free portion to Mrs. Angela M. Butte.

2. Mrs. Marie Garnier Vda de Ramirez sold the property to Manuel Uy and Sons, Inc. including the
undivided 1/6 share property in Sta Cruz, Manila. On the same day, a copy of letter regarding the
above-mentioned sell was sent to Bank of the Philippine Islands, as administrator of the property of
Jose V. Ramirez.

3. Mrs. Angela M. Butte filed a case against Manuel Uy and Sons, Inc for legal redemption when the latter
refused Mrs. Butte to redeem the said sold property.

ISSUE

Whether or not Mrs. Angela M. Butte has the right of succession to exercise legal redemption over the
share sold by Mrs. Marie Garnier Vda de Ramirez.

HELD

Yes, Mrs. Angela M. Butte has the right of succession to exercise legal redemption over the share sold
by Mrs. Marie Garnier Vda de Ramirez for being one of the co-owners of the heirs of the 1/6 undivided
property of Jose V. Ramirez.

According to Article 1620 of the Civil Code of the Philippines, a co-owner of a thing may exercise the
right of redemption in case the shares of all the other co-owners or of any of them, are sold to a third
person. If the price of the alienation is gross expensive, the redemptioner shall pay only a reasonable
one.

Should two or more co-owners desire to exercise the right to redemption, they may only do so in
proportion to the share that may respectively have in the thing owned in common.