1. What is the concept of legal redemption?

Is it the same as conventional redemption? Discuss.

Legal Redemption is Article 1619 of the Civil Code. The right to be subrogated, upon the
same terms and conditions stipulated in the contract, in the place of one who acquires a thing
by purchase or dation in payment, or by any other transaction whereby ownership is
transmitted by onerous title.” A right in favor of the redemptioner. - Hermoso v. Court of Appeals.
Liberally construed in favor of the original owner of the property. - Ysmael v. Court of Appeals.

Citing Manresa(10 Manresa, 4th Ed., 317.), the Supreme Court held that Legal redemption is in
the nature of a privilege created by law partly for reasons of public policy and partly for the
benefit and convenience of the redemptioner, to afford him a way out of what might be a
disagreeable or [an] inconvenient association into which he has been thrust. – Galvez v C.A. G.R.
NO. 157954.

2. What is Pledge by operation of law? Is it the same as Pledge under Title XVI Chapter 2 of the Civil Code? Discuss briefly but
completely.

Pledge by operation of law, also known as legal pledge is the right to retain a thing until
a claim is realized. It arises from failure of compliance to an obligation and not expressly
entered into by the parties to a contract, created pursuant to the provisions of law scattered
throughout the Civil Code and not by agreement of the parties. It is not the same as pledge
under Title XVI Chapter 2 of the Civil Code which is voluntary.

3. What is your understanding of equitable mortgage? How different is it from real estate or chattel mortgage?

Equitable mortgage is one presumed by law when the parties in a contract of sale never
intended or did not show any intention to transfer ownership but to secure an existing debt by
way of mortgage. The intention of the parties, taken with the surrounding facts, are considered
in order to determine if what they entered into is in fact an equitable mortgage. – Rockville Excel
v Sps. Culla. Equitable mortgage does not meet the requirements of mortgage, in formalities,
words or form, this is the distinction from chattel mortgage and real estate mortgage. -Sps.
Martires v Chua.