G.R. No. L-578; April 30, 1948
Primitivo Rivero vs. Victoriano Rivero and Alfredo Padua

FACTS

Dionisio Moreno sold two halves of a parcel of land under separate pacto de retro sales with a two-year redemption period ending April 16, 1943. The buyers later consolidated ownership. Moreno sold his right to redeem to Primitivo Rivero on January 14, 1944. Rivero attempted to redeem the property in May 1944 and, after being refused, filed an action for redemption on August 24, 1945. The trial court dismissed the action, finding the redemption period had expired.

ISSUE

Did the war conditions suspend the running of the two-year redemption period, thereby making the attempted redemption in May 1944 timely?

RULING

No. The Supreme Court affirmed the dismissal. The period for redemption was not suspended. The lower court found as a fact, not challenged on appeal, that courts in Camarines Sur were open and functioning from October 1942. The fundamental reason for suspending periods—legal or physical impossibility to exercise a right—was absent. The vendor (or his successor) could have exercised the right of redemption by filing a suit and making a consignation of the redemption price under Article 1176 of the Civil Code, even if the vendee was absent. The only offer to redeem was made over a year after the period expired on April 16, 1943.

AI Generated by Armztrong.