Art. 1611.

In a sale with a right to

repurchase, thevendee of a part of an
undivided immovable whoacquires the
whole thereof in the case of
article498, may compel the vendor to
redeem the wholeproperty, if the latter
wishes to make us of theright of
redemption.

right of redemption onlyfor the

respective portions they have
inherited.The vendee a retro can
refuse partial redemption; hemay
require all the vendors or all the heirs
to redeemthe entire property or to
agree to its redemption byany one of
them.

The purpose of this article is to

discourage co-ownership which is
recognized as undesirable, sinceit
does not encourage the improvement
of theproperty co-owned.

Effect of redemption by co-owner of

entire property

Art. 1612. If several persons, jointly

and in thesame contract, should sell
an undividedimmovable with a right of
repurchase, none of them may
exercise this right for more than
hisrespective share.
The same rule shall apply if the
personwho sold an immovable alone
has left severalheirs, in which case
each of the latter may onlyredeem the
part which he may have acquired.
Art. 1613. In the case of the preceding
article, thevendee may demand of all
the vendors or co-heirs that they come
to an agreement upon there purchase
of the whole thing sold; and should
they fail to do so, the vendee cannot
be compelled to consent to a partial
redemption.
Redemption in joint sale by coowners/co-heirs of undivided
immovable
The co-owners of an undivided
immovable sold bythem jointly or
collectively and in the same
contractwith the right to repurchase,
can exercise such rightonly as regards
their respective shares.Similarly, the
co-heirs of the vendor of an
undividedimmovable can exercise the

The redemption by a co-owner of the

property in itsentirety, shouldering the
expenses therefor, does notmake him
the owner of all of it. In other words, it
doesnot put to end the existing state
of co-ownership.
Art. 1614. Each one of the co-owners
of anundivided immovable who may
have sold hisshare separately, may
independently exercise theright of
repurchase as regards his own share,
andthe vendee cannot compel him to
redeem thewhole property.
This is to prevent injustice.

Pacto De Retro Sale

The essence of a pacto de retro sale is that
title and ownership of the property sold is
immediately vested in the vendee a retro,
subject to the restrictive condition of
repurchase by the vendor a retro within the
period provided in Article 1606 of the New
Civil Code, to wit:
The failure of the vendee a retro to
repurchase the property vests upon the latter
by operation of law the absolute title and
ownership over the property sold. (Cruz vs.
Leis, G.R. No. 125233, March 9, 2000; 327
SCRA 570).
Art 1612

If several persons, jointly and in the

same contract, should sell an
unidivided immovable with a right to
repurchase, none of them may
exercise this right for more than his
respective share.
The same rule shall apply if the person
who sold an immovable alone has left
several heirs, in which case each of
the latter may only redeem the part
which he may have acquired.(1514)

sold his share separately, may

independently exercise the right to
repurchase as regards his own share,
and the vendee cannot compel him to
redeem the whole property. (1516)
ARTICLE 1613
A. WHO MAY REDEEM
1. vendors
2. his heirs or assigns

Art 1613

3. his agent

In this case of the preceding article,

the vendee may demand of all the
vendors or co heirs that they come to
an agreement upon the repurchase of
the whole thing sold; and should that
fail to do so, the vendee cannot be
compelled to consent to a partial
redemption. (1515)

B.) The creditors of the vendor cannoy

make use of the right of redemption
against the vendee, until after they
have exhausted the property of the
vendor.

Art 1614
Each one of the co-owners of an
undivided immovable who may have
sold his share separately, may
independently exercise the right to
repurchase of the whole thing sold;
and should that fail to do so, the
vendee cannot be compelled to
consent to a partial redemption.
(1515)
Art1614
Each one of the co-owners of an
undivided immovable who may have

b.) if several persons, jointly and in the

same contract, should sell and
unidivided immovable with a right for
more than his respective share. The
same rule shall apply if the person
who sold an immovable alone has left
several heirs.
c.) when the co-owners of an
indivisible immovable, in order to end
the co-ownership, sold their interests
absolutely to the same person who
previously bought the share of a coowner subject to a right of
redemption, the latter can be
compelled to redeem the whole
property.