Case Digest (G.R. No. L-29838)
Facts:
Fermin Bobis and Emilia Guadalupe v. The Provincial Sheriff of Camarines Norte and Zosimo Rivera, G.R. No. L-29838, March 18, 1983, the Supreme Court Second Division, Concepcion, Jr., J., writing for the Court. The opinion lists Makasiar (Chairman), Guerrero, Abad Santos, De Castro, and Escolin, JJ., as concurring; Aquino, J., was on leave.The plaintiffs-appellants were spouses Fermin Bobis and Emilia Guadalupe; the defendants-appellees were the Provincial Sheriff of Camarines Norte and Zosimo Rivera. The antecedent litigation began when Alfonso Ortega sued Rufina Camino, Pastor Eco, Emilia Guadalupe and Fermin Bobis in Civil Case No. 273 (Court of First Instance, Camarines Norte) for recovery of possession of half of the cleared/planted portion of a 10.7791-hectare parcel, or in the alternative payment for improvements. On August 16, 1950 the parties executed a compromise agreement under which only Rufina Camino and Pastor Eco promised to pay Ortega P140 by February 28, 1951; the compromise was submitted to the court January 19, 1951 and approved January 22, 1951.
Before and during the pendency of Civil Case No. 273, Rufina Camino and Pastor Eco sold the parcel to the spouses Fermin Bobis and Emilia Guadalupe (deed dated August 26, 1950) and a new Transfer Certificate of Title (TCT No. T-838) was issued in their names. When Rufina and Pastor paid only P50 of the P140 due, a writ of execution issued July 18, 1951 commanding the Provincial Sheriff that the goods and chattels of Rufina Camino, Pastor Eco, Emilia Guadalupe and Fermin Bobis be made the sum of P140. The sheriff levied on the land of the spouses Bobis–Guadalupe; their motion to modify the writ to exclude them was denied.
The sheriff sold the parcel at public auction September 3, 1951 to Zosimo Rivera. After the redemption period lapsed, the officer’s deed of sale in favor of Rivera was executed (September 17, 1952) and approved by the trial court (March 23, 1953). Rivera sought a writ of possession and the Provincial Fiscal moved for annotation of the sheriff’s sale on TCT No. T-838; the court ordered surrender of the owner’s duplicate and issuance of possession. Emilia refused to surrender the duplicate or vacate; she was adjudged in contempt and imprisoned until she complied.
On March 4, 1960 the spouses Bobis–Guadalupe filed Civil Case No. 1169 in the Court of First Instance of Camarines Norte seeking annulment of the sheriff’s deed of sale and damages, alleging the writ of execution was not in conformity with the judgment in Civil Case No. 273 and thus void. The trial court (June 3, 1964) dismissed the complaint yet declared the sale by Camino and Eco t...(Pro-only)
Issues:
- Was the writ of execution issued in Civil Case No. 273 valid as to spouses Fermin Bobis and Emilia Guadalupe?
- Did the sheriff’s sale and the court’s approval of that sale convey valid title to Zosimo Rivera?
- Was the sale by Rufina Camino and Pastor Eco to the spouses Bobis–Guadalupe fraudulent and properly rescinded as being in fraud of creditors?
- Does the denial of the spouses’ motion to modify the writ of execution in Civil Case No. 273 bar their separate action for annulment or reinvindicatory relief?
- Are the Provincial Sheriff or purchaser Zosimo Rivera...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)