Case Digest (G.R. No. 44606)
Facts:
Vicente Sto. Domingo Bernardo v. Catalino Bataclan, G.R. No. 44606, November 28, 1938, the Supreme Court (Laurel, J., writing for the Court; Avancena, C.J., Villa‑Real, Imperial, and Diaz, JJ., concurring).Plaintiff‑appellant Vicente Sto. Domingo Bernardo acquired by contract of sale dated July 17, 1920, a tract of about 90 hectares in sitio Balayunan, Silang, Cavite. To secure possession the plaintiff instituted Civil Case No. 1935 in the Court of First Instance of Cavite on July 20, 1929; the trial court ruled for the plaintiff and that decision was affirmed by this Court on appeal (referenced in the record as G.R. No. 33017).
When plaintiff entered the premises he found defendant Catalino Bataclan, who had been authorized by prior owners since about 1922 to clear and improve the land. Because Bataclan was not a party to Case No. 1935, plaintiff brought Civil Case No. 2428 against him on June 11, 1931. The trial court declared the plaintiff owner but held Bataclan a possessor in good faith entitled to reimbursement of P1,642 and to retain possession until paid. Both parties appealed that ruling to this Court (referred to in the record as G.R. No. 87319), and this Court modified the award to P2,212, fixed the price at which plaintiff could require defendant to buy the land at P200 per hectare (reduced from P300), and granted the plaintiff 30 days to exercise his option.
On January 9, 1934 the plaintiff notified the lower court that he elected to require the defendant to pay for the land at P200 per hectare (total P18,000). The defendant said he could not pay, and on January 24, 1934 the court issued an order giving the plaintiff 30 days to pay the defendant P2,212 or the land would be sold at public auction. After motions and a March 16, 1934 motu proprio modification giving the plaintiff a preferential right to receive P200 per hectare from any sale proceeds, the CFI, at plaintiff’s instance and without defendant’s objection, ordered sale of the land. The property was sold at public auction on April 5, 1935 to Toribio Teodoro (purchaser and appellee) for P8,000. A certificate of sale initially recited a one‑year period of redemption but, upon Teodoro’s petition, the sheriff later issued a certificate not qualified by any equity of redemption (sheriff complied July 30, 1935).
On September 18, 1935 Teodoro moved for possession; the CFI granted possession to him by order dated September 26, 1935, but the order reserved to defendant Bataclan “his right of exercising an ordinary action to claim from the plaintiff the amount of P2,212 … which should be deducted from the sum of P8,000 already received by the plaintiff.” Both plaintiff and defendan...(Subscriber-Only)
Issues:
- Did the defendant‑appellant Catalino Bataclan retain a valid right of retention and a continuing claim to P2,212 after the plaintiff caused the land to be sold at public auction and received the purchase price?
- Should the lower court’s reservation permitting the defendant to pursue an ordinary action to recover P2,212 out of the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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