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Oscar Fernandez, et al vs. Spouses Tarun

OSCAR C. FERNANDEZ, GIL C. FERNANDEZ and ARMANDO C. FERNANDEZ, petitioners, vs. Spouses CARLOS and NARCISA TARUN, respondents.

G.R. No. 143868 | 2002-11-14

D E C I S I O N

PANGANIBAN, J.:

The right of redemption may be exercised by a co-owner, only when part of the community property is sold to a stranger. When the portion is sold to a co-owner, the right does not arise because a new participant is not added to the co-ownership.

The Case

The Petition for Review on Certiorari before us challenges the July 7, 2000 Decision of the Court of Appeals (CA)[1] in CA-GR CV No. 55264, which reversed the Regional Trial Court (RTC) of Dagupan City (Branch 44) in Civil Case No. D-3815.[2] The assailed Decision disposed as follows:

"WHEREFORE, the appealed decision is REVERSED and a NEW ONE is entered:

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