Title
Bobis vs. Provincial Sheriff of Camarines Norte
Case
G.R. No. L-29838
Decision Date
Mar 18, 1983
Land dispute: Compromise agreement breached, execution sale voided as writ exceeded judgment, favoring buyers Bobis and Guadalupe over Rivera.
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Case Digest (G.R. No. L-29838)

Facts:

Ownership and Cultivation of the Land

  • Rufina Camino and Pastor Eco were the registered owners of a 10.7791-hectare parcel of land covered by Transfer Certificate of Title (TCT) No. T-398.
  • The land was cultivated by the spouses Fermin Bobis and Emilia Guadalupe.

Legal Dispute and Compromise Agreement

  • On July 25, 1950, Alfonso Ortega filed a complaint (Civil Case No. 273) against Rufina Camino, Pastor Eco, Emilia Guadalupe, and Fermin Bobis for the recovery of possession of one-half of the cleared and planted portion of the land or payment of P1,650.00 for improvements.
  • On August 16, 1950, the parties entered into a compromise agreement:
    1. Rufina Camino and Pastor Eco agreed to pay Ortega P140.00 for improvements by February 28, 1951.
    2. Ortega renounced all other claims and recognized the absolute ownership of the land by the defendants.
    3. Ortega waived his claim for damages.

Sale of the Land

  • On August 26, 1950, Rufina Camino and Pastor Eco sold the land to Fermin Bobis and Emilia Guadalupe, and TCT No. T-838 was issued in their names.
  • The compromise agreement was submitted to the court on January 19, 1951, and approved on January 22, 1951.

Failure to Pay and Execution Sale

  • Rufina Camino and Pastor Eco only paid P50.00 of the P140.00 obligation by the due date (February 28, 1951).
  • A writ of execution was issued on July 18, 1951, directing the Provincial Sheriff to levy on the goods and chattels of Rufina Camino, Pastor Eco, Emilia Guadalupe, and Fermin Bobis.
  • The Sheriff levied on the land sold to Fermin Bobis and Emilia Guadalupe.
  • On September 3, 1951, the land was sold at an execution sale to Zosimo Rivera, the highest bidder.
  • After one year, with no redemption, the Sheriff executed an Officer's Deed of Sale in favor of Zosimo Rivera on September 17, 1952.

Post-Sale Proceedings

  • Zosimo Rivera sought a writ of possession, and the court ordered Emilia Guadalupe to surrender the owner's duplicate of TCT No. T-838.
  • Emilia Guadalupe refused to surrender the title and was held in contempt, resulting in her imprisonment.
  • On March 4, 1960, Fermin Bobis and Emilia Guadalupe filed a complaint (Civil Case No. 1169) to annul the Sheriff's sale, claiming the writ of execution was void.

Trial Court Decision

  • The trial court dismissed the complaint, declared the sale to Zosimo Rivera valid, and ordered Emilia Guadalupe to execute a deed of conveyance in favor of Rivera.

Issue:

  1. Whether the Sheriff's sale to Zosimo Rivera was valid and legal.
  2. Whether the writ of execution issued in Civil Case No. 273 was void.
  3. Whether the sale by Rufina Camino and Pastor Eco to Fermin Bobis and Emilia Guadalupe was rescinded.
  4. Whether Emilia Guadalupe should execute a deed of conveyance in favor of Zosimo Rivera.
  5. Whether damages should be awarded against Zosimo Rivera and the Provincial Sheriff.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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