Vous êtes sur la page 1sur 1

VILLANUEVA vs.

FLORENDO
FACTS:
Spouses Villanueva and Garcia, parents of the petitioners, were owners of a land in Cagayan.
Garcia died intestate, leaving her husband and children as sole and only legitimate heirs.
The spouse, without having the land partitioned, sold the western portion of the lot to the wife
of one of his children. Upon learning of the sale, the petitioners signified their intention to
redeem the lot, but respondent refused, stating that as wife of one of the legal heirs,
redemption will not lie against her. RTC found in favor of respondent.
ISSUE:
W/N the respondent is a third party against whom redemption can be exercised against,
pursuant to Art. 1620?
HELD:
Within the meaning of Art. 1620, the term "third person" or "stranger" refers to all persons who
are not heirs in succession, and by heirs are meant only those who are called either by will or the law to
succeed the deceased and who actually succeeds. In short, a third person is any one who is not a co-
owner.
Respondent seller Villanueva, as co-owner and before partition, has the right to freely sell and
dispose of his undivided interest or his Ideal share but not a divided part and one with boundaries as
what was done in the case at bar.