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Padasas vs. CA

Padasas, a tenant, filed a case for redemption within two years of the registration of the sale of the land he was tenanting, as allowed by Section 12 of R.A. No. 3844. The purchaser, Bentajado, claimed the two-year period should be counted from the date of actual notice of the sale instead of registration. The Court ruled that Section 12 clearly states the two-year period must be counted from registration of the final deed, not actual notice. As Padasas filed within two years of registration, his right of redemption was not expired. The Court affirmed a liberal interpretation of Section 12 to give full effect to the law and protect the tenant's redemption rights.

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Romel John M. Moit
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58 views2 pages

Padasas vs. CA

Padasas, a tenant, filed a case for redemption within two years of the registration of the sale of the land he was tenanting, as allowed by Section 12 of R.A. No. 3844. The purchaser, Bentajado, claimed the two-year period should be counted from the date of actual notice of the sale instead of registration. The Court ruled that Section 12 clearly states the two-year period must be counted from registration of the final deed, not actual notice. As Padasas filed within two years of registration, his right of redemption was not expired. The Court affirmed a liberal interpretation of Section 12 to give full effect to the law and protect the tenant's redemption rights.

Uploaded by

Romel John M. Moit
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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MOIT, ROMEL JOHN M.

Padasas vs. CA
G.R. No. L-35927
March 31,1978

Facts:

On September 28, 1965, the land being tenanted by


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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