Question
11. Val, Tito, Vic, and Joey are co-owners of two parcels of land covered by an Original Certificate of Title (OCT) (which is the subject
11. Val, Tito, Vic, and Joey are co-owners of two parcels of land covered by an Original Certificate of Title (OCT) (which is the subject of this controversy) and Transfer Certificate of Title (TCT). Joey sold his share to spouses Mel and Jay. The sale was registered and annotated on the OCT. Three years later Vic also sold his share on the same lot to Korina who, in turn assign her rights to spouses Mel and Jay a year after the sale. The subsequent sale and assignment were also registered and annotated on the same OCT. The co-owners executed a Deed of Extrajudicial Partition of the two parcels of registered land with exchange of shares. It was stipulated therein that the parties recognize and respect the previous sales and assignment of a portion of lot in favor of spouses Mel and Jay. Those portions were excluded in the partition. Likewise, by virtue of the said Deed of Extrajudicial Partition, Tito exchanged his share on the lot covered by TCT with the shares of Val on the remaining portion of the lot covered by OCT making Tito and the spouses co-owners of the said lot. However, it was Tito and later his heirs who remained in the position of the entire lot covered by OCT. When Tito was still alive, spouses Mel and Jay sought partition of the property and their share of its income. Tito refused to heed their demand. After his death, the spouses wrote the heirs of Tito of their desire for partition but was rejected by the heirs. Consequently, they sued for partition and damages. The RTC ruled in favor of the heirs of Tito holding among others that if Tito were still alive, he would have the right to redeem the property hence, as heirs who stepped into the shoes of their predecessor, they may also exercise the right of redemption. The court further held that the sale was highly iniquitous and void because of the co-owners' failure to notify them of the sale as required under the Civil Code.
a.) Was the decision of the RTC correct in holding that the heirs of Tito is entitled to exercise their right of legal redemption? Reason.
b.) Was there a valid written notice of the sale to all possible redemptioners? Reason.
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