Case Digest (G.R. No. L-47579)
Facts:
Eduardo Jalandoni (Deceased), Substituted by Rogelia R. Jalandoni, Brenda R. Tayag, Arthur Jalandoni, Deanna J. Feliciano and Susan R. Jalandoni v. Philippine National Bank and Court of First Instance of Negros Occidental, Silay City Branch I, G.R. No. L-47579, October 09, 1981, the Supreme Court En Banc, Aquino, J., writing for the Court.On March 31, 1959, the Court of First Instance of Manila rendered judgment in Civil Case No. 38393 ordering Eduardo Jalandoni to pay Philippine National Bank P63,297.53 with daily interest and attorney’s fees; the judgment became final and executory. Pursuant to an alias writ of execution, the sheriff of Silay City levied on Lot No. 657-C (TCT No. T-1827) on March 31, 1964 — within five years of the judgment — and the levy was annotated on the Torrens title; the title was later reissued in 1969 as TCT No. T-3202 in Jalandoni’s name.
The bank did not proceed to an execution sale. More than ten years after the levy, on April 22, 1974, Jalandoni filed in the Court of First Instance of Negros Occidental (land registration proceeding, LRC Cadastral Record No. 86) a petition to cancel the levy for prescription; the bank opposed. The lower court ordered Jalandoni to seek relief first from the Manila court that issued the writ and to refile his petition, noting that relief under Section 112 of Act No. 496 requires unanimity or lack of adverse claim.
On May 20, 1975, Jalandoni (who died January 20, 1977; his heirs substituted) filed Civil Case No. 685 in the same court to quiet title and cancel the notice of embargo, alleging the levy had become inefficacious and a cloud because no sale had been held within the ten-year period for enforcing the judgment. The bank answered. After trial and memoranda, the trial court dismissed the complaint by decision dated June 15, 1977. The heirs appealed to the Supreme C...(Subscriber-Only)
Issues:
- May property levied within five years from entry of judgment be sold at an execution sale after the ten-year period for enforcing the judgment has expired?
- If not, is the notice of embargo annotated on the Torrens title unenforceable and subject to cancellation a...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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