EN BANC

[G.R. No. 72873. May 28, 1987.]

CARLOS ALONZO and CASIMIRA ALONZO, petitioners, vs.

INTERMEDIATE APPELLATE COURT and TECLA PADUA, respondents.

Perpetuo L.B. Alonzo for petitioners.

Luis R. Reyes for private respondent.

SYLLABUS

1. REMEDIAL LAW; STATUTORY CONSTRUCTION; STATUTES;

INTERPRETED AND APPLIED IN CONSONANCE WITH JUSTICE. — As has been aptly
observed, we test a law by its results; and likewise, we may add, by its purposes. It is a cardinal
rule that, in seeking the meaning of the law, the first concern of the judge should be to discover
in its provisions the intent of the lawmaker. Unquestionably, the law should never be interpreted
in such a way as to cause injustice as this is never within the legislative intent. An indispensable
part of that intent, in fact, for we presume the good motives of the legislature, is to render
justice. Thus, we interpret and apply the law not independently of but in consonance with
justice. Law and justice are inseparable, and we must keep them so. To be sure, there are some
laws that, while generally valid, may seem arbitrary when applied in a particular case because of
its peculiar circumstances. In such a situation, we are not bound, because only of our nature and
functions, to apply them just the same, in slavish obedience to their language. What we do
instead is find a balance between the word and the will, that justice may be done even as the law
is obeyed. Justice is always an essential ingredient of its decisions. Thus when the facts
warrants, we interpret the law in a way that will render justice, presuming that it was the
intention of the lawmaker, to begin with, that the law be dispensed with justice. So we have
done in this case.

2. ID.; ID.; ID.; MUST BE READ ACCORDING TO ITS SPIRIT AND INTENT. —
While we admittedly may not legislate, we nevertheless have the power to interpret the law in
such a way as to reflect the will of the legislature. While we may not read into the law a purpose
that is not there, we nevertheless have the right to read out of it the reason for its enactment. In
doing so, we defer not to "the letter that killeth" but to "the spirit that vivifieth," to give effect to
the lawmaker's will. "The spirit, rather than the letter of a statute determines its construction,
hence, a statute must be read according to its spirit or intent. For what is within the spirit is
within the statute although it is not within the letter thereof, and that which is within the letter
but not within the spirit is not within the statute. Stated differently, a thing which is within the
intent of the lawmaker is as much within the statute as if within the letter; and a thing which is
within the letter of the statute is not within the statute unless within the intent of the lawmakers."

3. CIVIL LAW; CONTRACTS; PACTO DE RETRO SALE; EXCEPTION TO THE

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 GENERAL RULE ADOPTED IN CASE AT BAR. — In arriving at our conclusion today, we
are deviating from the strict letter of the law, which the respondent court understandably applied
pursuant to existing jurisprudence. The said court acted properly as it had no competence to
reverse the doctrines laid down by this Court in the above-cited cases. In fact, and this should be
clearly stressed, we ourselves are not abandoning the De Conejero and Buttle doctrines. What
we are doing simply is adopting an exception to the general rule, in view of the peculiar
circumstances of this case. The co-heirs in this case were undeniably informed of the sales
although no notice in writing was given them. And there is no doubt either that the 30-day
period began and ended during the 14 years between the sales in question and the filing of the
complaint for redemption in 1977, without the co-heirs exercising their right of redemption.
These are the justifications for this exception.

DECISION

CRUZ, J : p

The question is sometimes asked, in serious inquiry or in curious conjecture, whether we

are a court of law or a court of justice. Do we apply the law even if it is unjust or do we
administer justice even against the law? Thus queried, we do not equivocate. The answer is that
we do neither because we are a court both of law and of justice. We apply the law with justice
for that is our mission and purpose in the scheme of our Republic. This case is an illustration.

Five brothers and sisters inherited in equal pro indiviso shares a parcel of land registered
in the mane of their deceased parents under OCT No. 10977 of the Registry of Deeds of Tarlac.
1(1)

On March 15, 1963, one of them, Celestino Padua, transferred his undivided share of the
herein petitioners for the sum of P550.00 by way of absolute sale. 2(2) One year later, on April
22, 1964, Eustaquia Padua, his sister, sold her own share to the same vendees, in an instrument
denominated "Con Pacto de Retro Sale," for the sum of P440.00. 3(3)

By virtue of such agreements, the petitioners occupied, after the said sales, an area
corresponding to two-fifths of the said lot, representing the portions sold to them. The vendees
subsequently enclosed the same with a fence. In 1975, with their consent, their son Eduardo
Alonzo and his wife built a semi-concrete house on a part of the enclosed area. 4(4)

On February 25, 1976, Mariano Padua, one of the five co-heirs, sought to redeem the area
sold to the spouses Alonzo, but his complaint was dismissed when it appeared that he was an
American citizen. 5(5) On May 27, 1977, however, Tecla Padua, another co-heir, filed her own
complaint invoking the same right of redemption claimed by her brother. 6(6)

The trial court *(7) also dismisses this complaint, now on the ground that the right had
lapsed, not having been exercised within thirty days from notice of the sales in 1963 and 1964.
Although there was no written notice, it was held that actual knowledge of the sales by the
co-heirs satisfied the requirement of the law. 7(8)
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 In truth, such actual notice as acquired by the co-heirs cannot be plausibly denied. The
other co-heirs, including Tecla Padua, lived on the same lot, which consisted of only 604 square
meters, including the portions sold to the petitioners. 8(9) Eustaquia herself, who had sold her
portion, was staying in the same house with her sister Tecla, who later claimed redemption. 9(10)
Moreover, the petitioners and the private respondents were close friends and neighbors whose
children went to school together. 10(11)

It is highly improbable that the other co-heirs were unaware of the sales and that they
thought, as they alleged, that the area occupied by the petitioners had merely been mortgaged by
Celestino and Eustaquia. In the circumstances just narrated, it was impossible for Tecla not to
know that the area occupied by the petitioners had been purchased by them from the other
co-heirs. Especially significant was the erection thereon of the permanent semi-concrete
structure by the petitioners' son, which was done without objection on her part or of any of the
other co-heirs.

The only real question in this case, therefore, is the correct interpretation and application
of the pertinent law as invoked, interestingly enough, by both the petitioners and the private
respondents. This is Article 1088 of the Civil Code, providing as follows:

"Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before
the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by
reimbursing him for the price of the sale, provided they do so within the period of one
month from the time they were notified in writing of the sale by the vendor."

In reversing the trial court, the respondent court **(12) declared that the notice required
by the said article was written notice and that actual notice would not suffice as a substitute.
Citing the same case of De Conejero v. Court of Appeals 11(13) applied by the trial court, the
respondent court held that that decision, interpreting a like rule in Article 1623, stressed the need
for written notice although no particular form was required.

Thus, according to Justice J.B.L. Reyes, who was the ponente of the Court, furnishing the
co-heirs with a copy of the deed of sale of the property subject to redemption would satisfy the
requirement for written notice. "So long, therefore, as the latter (i.e., the redemptioner) is
informed in writing of the sale and the particulars thereof," he declared, "the thirty days for
redemption start running."

In the earlier decision of Butte v. Uy, 12(14) the Court, speaking through the same learned
jurist, emphasized that the written notice should be given by the vendor and not the vendees,
conformably to a similar requirement under Article 1623, reading as follows:

"Art. 1623. The right of legal predemption or redemption shall not be exercised
except within thirty days from the notice in writing by the prospective vendor, or by the
vendors, as the case may be. The deed of sale shall not be recorded in the Registry of
Property, unless accompanied by an affidavit of the vendor that he has given written notice
thereof to all possible redemptioners.

"The right of redemption of co-owners excludes that of the adjoining owners."

As "it is thus apparent that the Philippine legislature in Article 1623 deliberately selected
a particular method of giving notice, and that notice must be deemed exclusive," the Court held
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 that notice given by the vendees and not the vendor would not toll the running of the 30-day
period. Cdpr

The petition before us appears to be an illustration of the Holmes dictum that "hard cases
make bad laws" as the petitioners obviously cannot argue against the fact that there was really
no written notice given by the vendors to their co-heirs. Strictly applied and interpreted, Article
1088 can lead to only one conclusion, to wit, that in view of such deficiency, the 30-day period
for redemption had not begun to run, much less expired in 1977.

But as has also been aptly observed, we test a law by its results; and likewise, we may
add, by its purposes. It is a cardinal rule that, in seeking the meaning of the law, the first concern
of the judge should be to discover in its provisions the intent of the lawmaker. Unquestionably,
the law should never be interpreted in such a way as to cause injustice as this is never within the
legislative intent. An indispensable part of that intent, in fact, for we presume the good motives
of the legislature, is to render justice.

Thus, we interpret and apply the law not independently of but in consonance with justice.
Law and justice are inseparable, and we must keep them so. To be sure, there are some laws
that, while generally valid, may seem arbitrary when applied in a particular case because of its
peculiar circumstances. In such a situation, we are not bound, because only of our nature and
functions, to apply them just the same, in slavish obedience to their language. What we do
instead is find a balance between the word and the will, that justice may be done even as the law
is obeyed.

As judges, we are not automatons. We do not and must not unfeelingly apply the law as it
is worded, yielding like robots to the literal command without regard to its cause and
consequence. "Courts are apt to err by sticking too closely to the words of a law," so we are
warned, by Justice Holmes again, "where these words import a policy that goes beyond them."
13(15) While we admittedly may not legislate, we nevertheless have the power to interpret the
law in such a way as to reflect the will of the legislature. While we may not read into the law a
purpose that is not there, we nevertheless have the right to read out of it the reason for its
enactment. In doing so, we defer not to "the letter that killeth" but to "the spirit that vivifieth," to
give effect to the lawmaker's will.

"The spirit, rather than the letter of a statute determines its construction, hence, a
statute must be read according to its spirit or intent. For what is within the spirit is within
the statute although it is not within the letter thereof, and that which is within the letter but
not within the spirit is not within the statute. Stated differently, a thing which is within the
intent of the lawmaker is as much within the statute as if within the letter; and a thing
which is within the letter of the statute is not within the statute unless within the intent of
the lawmakers." 14(16)

In requiring written notice, Article 1088 seeks to ensure that the redemptioner is properly
notified of the sale and to indicate the date of such notice as the starting time of the 30-day
period of redemption. Considering the shortness of the period, it is really necessary, as a general
rule, to pinpoint the precise date it is supposed to begin, to obviate any problem of alleged
delays, sometimes consisting of only a day or two. prcd

The instant case presents no such problem because the right of redemption was invoked
not days but years after the sales were made in 1963 and 1964. The complaint was filed by
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 Tecla Padua in 1977, thirteen years after the first sale and fourteen years after the second sale.
The delay invoked by the petitioners extends to more than a decade, assuming of course that
there was a valid notice that tolled the running of the period of redemption.

Was there a valid notice? Granting that the law requires the notice to be written, would
such notice be necessary in this case? Assuming there was a valid notice although it was not in
writing, would there be any question that the 30-day period for redemption had expired long
before the complaint was filed in 1977?

In the face of the established facts, we cannot accept the private respondents' pretense that
they were unaware of the sales made by their brother and sister in 1963 and 1964. By requiring
written proof of such notice, we would be closing our eyes to the obvious truth in favor of their
palpably false claim of ignorance, thus exalting the letter of the law over its purpose. The
purpose is clear enough: to make sure that the redemptioners are duly notified. We are satisfied
that in this case the other brothers and sisters were actually informed, although not in writing, of
the sales made in 1963 and 1964, and that such notice was sufficient.

Now, when did the 30-day period of redemption begin?

While we do not here declare that this period started from the dates of such sales in 1963
and 1964, we do say that sometime between those years and 1976, when the first complaint for
redemption was filed, the other co-heirs were actually informed of the sale and that thereafter
the 30-day period started running and ultimately expired. This could have happened any time
during the interval of thirteen years, when none of the co-heirs made a move to redeem the
properties sold. By 1977, in other words, when Tecla Padua filed her complaint, the right of
redemption had already been extinguished because the period for its exercise had already
expired.

The following doctrine is also worth noting:

"While the general rule is, that to charge a party with laches in the assertion of an
alleged right it is essential that he should have knowledge of the facts upon which he bases
his claim, yet if the circumstances were such as should have induced inquiry, and the means
of ascertaining the truth were readily available upon inquiry, but the party neglects to make
it, he will be chargeable with laches, the same as if he had known the facts." 15(17)

It was the perfectly natural thing for the co-heirs to wonder why the spouses Alonzo, who
were not among them, should enclose a portion of the inherited lot and build thereon a house of
strong materials. This definitely was not the act of a temporary possessor or a mere mortgagee.
This certainly looked like an act of ownership. Yet, given this unseemly situation, none of the
co-heirs saw fit to object or at least inquire, to ascertain the facts, which were readily available.
It took all of thirteen years before one of them chose to claim the right of redemption, but then it
was already too late. llcd

We realize that in arriving at our conclusion today, we are deviating from the strict letter
of the law, which the respondent court understandably applied pursuant to existing
jurisprudence. The said court acted properly as it had no competence to reverse the doctrines
laid down by this Court in the above-cited cases. In fact, and this should be clearly stressed, we
ourselves are not abandoning the De Conejero and Butte doctrines. What we are doing simply is
adopting an exception to the general rule, in view of the peculiar circumstances of this case.
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 The co-heirs in this case were undeniably informed of the sales although no notice in
writing was given them. And there is no doubt either that the 30-day period began and ended
during the 14 years between the sales in question and the filing of the complaint for redemption
in 1977, without the co-heirs exercising their right of redemption. These are the justifications for
this exception.

More than twenty centuries ago, Justinian defined justice "as the constant and perpetual
wish to render every one his due." 16(18) That wish continues to motivate this Court when it
assesses the facts and the law in every case brought to it for decision. Justice is always an
essential ingredient of its decisions. Thus when the facts warrants, we interpret the law in a way
that will render justice, presuming that it was the intention of the lawmaker, to begin with, that
the law be dispensed with justice. So we have done in this case.

WHEREFORE, the petition is granted. The decision of the respondent court is

REVERSED and that of the trial court is reinstated, without any pronouncement as to costs. It is
so ordered.

Teehankee, C . J ., Yap, Narvasa, Melencio-Herrera, Gutierrez, Jr., Paras, Gancayco,

Padilla, Bidin, Sarmiento and Cortes, JJ ., concur.

Fernan and Feliciano, JJ ., on leave.

Footnotes
1. Rollo, p. 5.
2. Ibid., p. 6.
3. Id., p. 64.
4. Id.
5. Id., p. 21.
6. Id., p. 21.
* Presided by Judge Cezar D. Francisco.
7. Id., p. 65.
8. Id., p. 5.
9. Id., p. 64.
10. Id., p. 26.
** Gaviola, Jr., P.J., ponente, Caguioa, Quetulio-Losa & Luciano, JJ.
11. 16 SCRA 775.
12. 4 SCRA 527.
13. Dissenting in Olmstead v. U.S., 277 U.S. 438.
14. Statutory Construction, Ruben E. Agpalo, pp. 64-65, 1986, citing Manila Race Horse Trainers'
Assn. v. De la Fuente, 88 Phil. 60; Go Chi v. Go Cho, 96 Phil. 622; Hidalgo v. Hidalgo, 33
SCRA 105; Roa v. Collector of Customs, 23 Phil. 315; Villanueva v. City of Iloilo, 26 SCRA
578; People v. Purisima, 86 SCRA 542; US v. Go Chico, 14 Phil. 128.
15. Ater v. Smith 245 Ill. 57, 19 Am. Cases 105.
16. Institutes 1, 1, pr. as cited in Handbook for Roman Law, Miravite, Lorenzo F., p. 39, 1981.

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 Endnotes

1 (Popup - Popup)
1. Rollo, p. 5.

2 (Popup - Popup)
2. Ibid., p. 6.

3 (Popup - Popup)
3. Id., p. 64.

4 (Popup - Popup)
4. Id.

5 (Popup - Popup)
5. Id., p. 21.

6 (Popup - Popup)
6. Id., p. 21.

7 (Popup - Popup)
* Presided by Judge Cezar D. Francisco.

8 (Popup - Popup)
7. Id., p. 65.

9 (Popup - Popup)
8. Id., p. 5.

10 (Popup - Popup)
9. Id., p. 64.

11 (Popup - Popup)
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 10. Id., p. 26.

12 (Popup - Popup)
** Gaviola, Jr., P.J., ponente, Caguioa, Quetulio-Losa & Luciano, JJ.

13 (Popup - Popup)
11. 16 SCRA 775.

14 (Popup - Popup)
12. 4 SCRA 527.

15 (Popup - Popup)
13. Dissenting in Olmstead v. U.S., 277 U.S. 438.

16 (Popup - Popup)
14. Statutory Construction, Ruben E. Agpalo, pp. 64-65, 1986, citing Manila Race Horse Trainers'
Assn. v. De la Fuente, 88 Phil. 60; Go Chi v. Go Cho, 96 Phil. 622; Hidalgo v. Hidalgo, 33
SCRA 105; Roa v. Collector of Customs, 23 Phil. 315; Villanueva v. City of Iloilo, 26 SCRA
578; People v. Purisima, 86 SCRA 542; US v. Go Chico, 14 Phil. 128.

17 (Popup - Popup)
15. Ater v. Smith 245 Ill. 57, 19 Am. Cases 105.

18 (Popup - Popup)
16. Institutes 1, 1, pr. as cited in Handbook for Roman Law, Miravite, Lorenzo F., p. 39, 1981.

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