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country, petitioner opted that the amount they are supposed to pay
for the redemption be readily available for their immediate and
emergency needs.
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the period for its exercise has not even been triggered
because they have not been notified in writing of the fact of
sale. (Emphasis supplied)
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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.
It was the perfectly natural thing for the coheirs 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 coheirs 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.20
xxxx
The coheirs 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 30day period began and ended during the 14
years between the sales in question and the filing of the complaint
for
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20 Id., at pp. 274275; p. 267.
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