Facts:

The case involves Jaime B. Biana as the petitioner and George Gimenez as the respondent. The events leading to this case began with a labor dispute filed by Santos B. Mendones against Gimenez Park Subdivision and George Gimenez, which was docketed as Term Case No. R05-D-008-78 at the Naga City District Office of the Department of Labor and Employment. On August 1, 1978, the defendants were ordered to pay Mendones a total of P1,520.00, plus P8.00 per day until reinstatement, along with P3,168.00 for sheriff's fees and expenses of execution. Due to the defendants' failure to pay, Deputy Sheriff Renato Madera levied four parcels of urban land in Naga City, registered under the names of Jose F. Gimenez, Tessa F. Gimenez, Maricel G. Gimenez, and George Gimenez.

On December 6, 1978, a public auction was held, where Mendones was the sole bidder, winning the parcels with a bid of P8,908.50. A Provisional Certificate of Sale was issued to him on December 7, 1978. George Gim...

Facts:

1. Labor Case and Judgment Obligation:
   In a labor case filed by Santos B. Mendones against Gimenez Park Subdivision and George Gimenez, the defendants were ordered to pay Mendones P1,520.00 plus P8.00/day from 1 August 1978 until reinstatement, and P3,168.00 as sheriff's fees. Deputy Sheriff Renato Madera computed the total judgment obligation at P5,248.50 and demanded payment.

2. Levy and Auction of Property:
   Due to non-payment, Sheriff Madera levied and attached four parcels of urban land in Naga City, registered under the names of Jose F. Gimenez, Tessa F. Gimenez, Maricel G. Gimenez, and George Gimenez. On 6 December 1978, a public auction was held, and Mendones, as the sole bidder, won with a bid of P8,908.50. A Provisional Certificate of Sale was issued in Mendones' name.

3. Redemption Attempt by Gimenez:
   George Gimenez claimed he was not notified of the auction and only learned of it when asked to pay the publication fee of P3,510.00, which he paid on 27 January 1979. To redeem the property, he approached Provincial Sheriff Manuel Garchitorena, who computed the redemption price at P6,615.89. Gimenez issued four postdated checks totaling P5,615.89, which Sheriff Garchitorena acknowledged in a receipt dated 19 July 1979.

4. Dispute Over Redemption:
   On 3 December 1979, Sheriff Madera informed Gimenez's counsel of an unpaid balance of P4,367.81, including the publication fee. Gimenez disputed this, claiming he had already paid the publication fee. Despite this, Sheriff Madera executed a Definite Deed of Sale in favor of Mendones on 8 December 1979.

5. Mandamus Case:
   Gimenez filed a special civil action for mandamus with damages to compel the sheriffs to execute a deed of redemption. Mendones intervened, and during the case, Mendones assigned his rights to petitioner Jaime Biana for P1,000,000.00. The trial court ruled in favor of Gimenez, declaring the Definite Deed of Sale null and void and ordering the execution of a deed of redemption in Gimenez's favor.

6. Appeal to the Court of Appeals:
   The Court of Appeals affirmed the trial court's decision, prompting Biana to file a petition for review with the Supreme Court.

Issue:

1. Whether the Provincial Sheriff of Camarines Sur can be compelled to execute a deed of redemption in favor of George Gimenez.
2. Whether the tender of postdated checks constitutes valid payment of the redemption price.
3. Whether the trial court erred in converting the mandamus action into an ordinary civil action with multiple reliefs.
4. Whether the trial court erred in awarding moral damages and attorney's fees to Gimenez despite no specific prayer for such in the complaint.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

The Supreme Court affirmed the decision of the Court of Appeals, ruling that Gimenez validly exercised his right of redemption through the tender of postdated checks. The trial court's conversion of the mandamus action into an ordinary civil action and its award of damages were upheld as proper under the circumstances.