Case Digest (G.R. No. L-11139) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Santos Evangelista vs. Alto Surety & Insurance Co., Inc. (103 Phil. 401, April 23, 1958), petitioner Santos Evangelista filed Civil Case No. 8235 on June 4, 1949, against Ricardo Rivera in the Court of First Instance of Manila for a sum of money. He obtained a writ of attachment the same day, which was levied on a house built by Rivera on leased Manila land and registered with the Register of Deeds on June 8, 1949. Judgment was rendered in favor of Evangelista, and on October 8, 1951, he purchased the house at a public auction under the writ of execution; the definitive deed was issued October 22, 1952, after the redemption period. Rivera refused to yield possession, claiming that respondent Alto Surety & Insurance Co., Inc. had acquired title to the same house by a prior auction sale held on September 29, 1950, under Court Case No. 6268 (Alto Surety vs. Quiambao, et al.), with a definite deed issued May 10, 1952. On June 13, 1953, Evangelista sued Rivera and Alto Surety to e Case Digest (G.R. No. L-11139) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Initiation and levy
- June 4, 1949: Santos Evangelista filed Civil Case No. 8235 against Ricardo Rivera for a sum of money and secured a writ of attachment.
- June 8, 1949: The sheriff levied the attachment on a house built by Rivera on leased land by filing a copy of the writ and notice with the Register of Deeds of Manila.
- Evangelista’s execution sale and title
- Trial court rendered judgment in favor of Evangelista; on October 8, 1951, he purchased the attached house at a public auction under writ of execution.
- October 22, 1952: He received the definite deed of sale upon expiration of the redemption period.
- Respondent’s competing claim
- In Civil Case No. 6268 (“Alto Surety & Insurance Co., Inc. vs. Quiambao, Guevara, Rivera”), respondent obtained judgment and sold the same house at auction on September 29, 1950.
- May 10, 1952: Respondent received a definite deed of sale as highest bidder; Rivera refused to surrender possession to Evangelista, asserting respondent’s superior title.
- Lower court proceedings
- June 13, 1953: Evangelista filed an action against respondent and Rivera to establish his title to the house, secure possession, and recover damages.
- The Court of First Instance of Manila awarded Evangelista delivery of the house and forty pesos per month damages from October 1952; respondent appealed.
- The Court of Appeals reversed, holding the house was “personal property,” Evangelista’s attachment improperly levied, and respondent’s sale gave it priority.
Issues:
- Classification of the house for attachment purposes
- Is a house permanently erected by a lessee on leased land to be treated as immovable or as personal property for attachment?
- Validity and priority of Evangelista’s attachment
- Did Evangelista’s levy—by filing the writ and notice with the Register of Deeds—create a preferential lien over respondent’s subsequent sale and deed?
- Was service of the attachment writ and notice on Ricardo Rivera properly effected?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)