Case Digest (G.R. No. L-35767)
Facts:
Raymundo A. Crystal v. Court of Appeals and Pelagia Ocang et al., G.R. No. L-35767, February 25, 1975, Supreme Court Second Division, Barredo, J., writing for the Court.Petitioner Raymundo A. Crystal challenged the decision of the Court of Appeals dismissing his petition for certiorari seeking to annul and set aside the Court of First Instance of Cebu’s order of May 31, 1971 directing issuance of a writ of possession in favor of private respondents Pelagia Ocang et al., purchasers at execution sale of parcels of land belonging to the estate of Nicolas Rafols.
The underlying litigation began in Civil Case No. R-1666 (Court of First Instance of Cebu) where Pelagia Ocang et al. obtained a judgment for P30,609 against the estate of Nicolas Rafols. After finality, a writ of execution issued and five parcels were sold at public auction on May 24, 1957 to Pelagia Ocang for P10,000. On May 17, 1958 the heirs of Rafols assigned their right of redemption over four of the five parcels to Crystal; the probate court approved the assignment May 23, 1958. Crystal deposited a check for P11,200.00 with the Provincial Sheriff on that date and the sheriff issued a deed of redemption on May 28, 1958. Crystal took possession and cultivated the lands.
In February 1960 Ocang re-entered and took possession, asserting that Crystal’s redemption check had been dishonored for lack of funds. Crystal moved to cite Ocang for contempt in Civil Case No. R-1666, but the trial court denied contempt relief, holding that validity of the redemption should be litigated in a separate action. Pursuant to that observation Crystal filed a separate declaratory/ownership suit (referred to in the record as Civil Case No. 62‑I and later as 62‑T). During pendency of that separate suit Crystal regained possession for a period.
On June 23, 1969 the trial court in Civil Case No. R-1666 granted a writ of possession in favor of Ocang; Crystal moved to set it aside and the court initially annulled the writ. Ocang filed motions to reconsider and later an ex parte motion for an alias writ of possession; on May 31, 1971 the trial court issued an order reviving the June 23, 1969 order and declared the sheriff’s deed of sale and the writ of possession in full force and effect. Crystal sought reconsideration which was denied.
Crystal petitioned the Court of Appeals for certiorari (CA G.R. No. SP-00506) and secured a preliminary injunction upon posting a P500 cash bond, but the Court of Appeals dismissed his petition, finding that Crystal’s purported redemption by delivery of the P11,200 check to the sheriff was invalid because the check was not honored and, under Article 1249 of the Civ...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in holding that petitioner’s delivery of a check to the sheriff did not constitute a valid redemption/payment of the redemption price?
- Did the trial court act without jurisdiction or commit grave abuse by deciding the validity of the redemption in Civil Case No. R-1666 while a separate action on the same question (Civil Cas...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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