Butte v.

Manuel Uy & Sons

Facts
Plaintiff-appellant is the wife of Jose V. Ramirez who is a co-owner of 1/6 undivided share of a
land under TCT no. 52789 situated Sta. Cruz. Later Jose died testate. In his last will he
bequeathed his estate to his children and grandchildren with 1/3 of the 1/6 of the land given to
his wife plaintiff-appellant. Later another co-owner of the another 1/6 undivided share of the
land Maria Garnier Vda. De Ramirez sold her undivided share for the amount of P500,000 to
defendant-appellee with the right of redemption. She later executed an affidavit to affect
formal notices of the sale to all possible redemptioners which included plaintiff-appellants.
Eventually plaintiff was informed of this sale and intended to redeem the property by
depositing with Philippine National Bank the amount of P500,000 and in return send a check of
the same amount to defendant. However defendant refused the tender. In effect of the refusal
the plaintiff consigned the same amount with the CFI and filed a corresponding legal of action
of redemption. However the court ruled against the plaintiff ruling that she has no right to
redeem the property. Thus the plaintiff and defendant filed an appeal directly to the Supreme
Court.

Issue
Whether or not the plaintiff has the right to redeem the property.

Ruling
Yes. Under article 776 inheritance includes the property, rights and obligations that are not
extinguished by death. Article 777 provides as well that these rights are transmitted from the
moment of death of the decedent. Article 947 provides that The legatee or devisee acquires a
right to the pure and simple legacies or devisees from the death of the testator, and transmits it
to his heirs. The plaintiff being an heir of Jose Ramirez as his wife the rights pertaining to the
property co-owned by the decedent and others are transmitted to the heirs and in effect be
substituted of those rights. Thus SC reversed and set aside the CFI’s ruling.