Antonio De Santos vs City of Manila

GR L-211677
June 29, 1972

Facts:
1) A Contract of Exchange was executed between City of Manila and Arellano University.
Five parcels of land of City of Manila, 2,400 sq. meters in exchange for 3 parcels of land
of Arellano University.
2) The parcels of land of Arellano were needed for the Azcarraga Extension.
3) Antonio de Santos went forward and asked that such contract be declared null and void
because he has a claim over Lot 1. In his claim, he also asked that he be given the right
to preemption and redemption.
4) The predecessor in interest of de Santos is Lopez. Lopez land, lot 4 was a subject of
expropriation because of the Legarda widening. Lopez be requested that he be given the
estero adjoining Lot 4 instead. The request was however held in abeyance when the
Legarda widening project was stopped.
5) The lower court ruled in favor of the City of Manila. The same was affirmed by CA.
Issue:
Whether or not de Santos has the right to preemption or redemption
Held:
De Santos has no right to pre emption or redemption. There is no element under Article 1622
that was proven by de Santos. He did not acquire any right to Lot 1 when Lopez sold him Lot 4,
at most he only acquired the right to the latters claim.