Padasas was sold to Bentajado by the DBP by way of conditional sale. On May 4, 1970, which is five years later, the deed of absolute sale was executed and thereupon registered. The DBP informed Padasas about the sale in a letter dated January 21, 1966.
On June 19, 1968, Padasas filed an action for
redemption pursuant to Sec. 12 of R.A. No. 3844, providing that a tenant can exercise the right of redemption within two years from the registration of the sale. Bentajado contended that the two-year period, which should be counted from the date of actual notice, had already expired.
Issue:
Whether the two-year redemption period of the tenant,
Padasas, should be counted from the date of actual notice, as contended by Bentajado in interpreting Sec. 12 of R.A. No. 3844.
Ruling:
No, the two-year period of the tenant-lessee within
which to exercise the right of redemption under Sec. 12 of R.A. No. 3844 must be counted from the date of registration of the final deed of consummated sale, not from the actual notice or knowledge of the alleged sale. The contention of Bentajado cannot be merited for such is contrary and nugatory to the clear provisions that the two-year period must be counted from the date of registration of the sale. It should therefore be an imperative to liberally interpret the provisions of the said law to give full force and effect to its clear intent.
Sec. 12 of R.A. No. 3844 is definite, decisive and
positive in stating that two-year period must be counted from the registration of the sale after which the tenant may exercise the right of redemption. For that reason, no amount of knowledge or notice can create a legal right as against the purchaser until after the title to the property has passed on.
Therefore, with a mere liberal interpretation of the
definite, decisive and positive provision of Sec. 12 of R.A. No. 3844, the two-year redemption period of a tenant, shall be counted from the date of the registration of the consummated sale. Counting therefrom, the right of Padasas has, in fact, not yet expired. Hence, it is unquestionable that Padasas has properly exercised his right of redemption.
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