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Grace Gosiengfiao Guillen vs. The Court of Appeals

GRACE GOSIENGFIAO GUILLEN, deceased EMMA GOSIENGFIAO GALAOS, represented by her daughter EMELYN GALAOS-MELARION, deceased FRANCISCO GOSIENGFIAO, JR., represented by his widow EDELWISA GOSIENGFIAO, JACINTO GOSIENGFIAO, and absentees ESTER GOSIENGFIAO BITONIO, NORMA GOSIENGFIAO, and PINKY BUENO PEDROSO, represented by their attorney-in-fact JACINTO GOSIENGFIAO, Petitioners, versus THE COURT OF APPEALS, HON. JIMMY HENRY F. LUCZON, JR., in his capacity as Presiding Judge of the Regional Trial Court, Branch I, Tuguegarao, Cagayan, LEONARDO MARIANO, AVELINA TIGUE, LAZARO MARIANO, MERCEDES SAN PEDRO, DIONISIA M. AQUINO, and JOSE N.T. AQUINO, Respondents.

G.R. No. 159755 | 2009-06-18

D E C I S I O N

BRION, J.:

At issue in this petition is the timeliness of the exercise of the right of legal redemption that this Court has recognized in a final and executory decision.

The petitioners, heirs of Francisco Gosiengfiao (petitioner-heirs), assail in this Rule 45 petition for review on certiorari the January 17, 2003 decision and September 9, 2003 resolution of the Court of Appeals (CA) in CA-G.R. CV No. 63093.[1] The assailed CA decision ruled that the thirty-day period for the exercise of the right of legal redemption should be counted, not from the notice of sale by the vendor but, from the finality of the judgment of this...