Question
Epifanio sold a property to Yangco. Yangco gave Epifanio the right to buy the property back or redeem it within five years. To get the
Epifanio sold a property to Yangco. Yangco gave Epifanio the right to buy the property back or redeem it within five years. To get the money to redeem his property, Epifanio asked Banas for a loan. Banas agreed, so they executed a Contract of Loan, with the condition that Marcelino be solidarily liable for the loan. Marcelino agreed to sign the Contract of Loan and be solidarily liable with Epifanio for the loan. Epifanio died before the loan was paid. He left behind a wife Paulina and their children.
Marcelino continued to pay for the loan after Epifanio's death. When he finished paying the loan in full to Banas, he claimed ownership over the property from Yangco and sold the property to Banas. Paulina and Epifanio's children objected to the sale, and claimed that the property belonged to them as the inheritors of Epifanio's property. Marcelino claims that the death of Epifanio before he could fully pay back the loan to Banas in order to buy back the property from Yangco means that Epifanio and his family's rights to buy back the property from Yangco was extinguished by Epifanio's death, and since he (Marcelino) paid for the loan, then he is the legitimate owner of the property.
Is Marcelino correct? Why or why not? Explain your answer. Please base your answer on Contract Law.
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