Jaime Manuel N. Legarda vs. Clerk of Court of the Regional Trial Court of Muntinlupa City and Benjamin Calawagan

G.R. No. 216603
Petitioner Legarda sought mandamus for a Final Certificate of Sale after acquiring rights via a Deed of Assignment from the auction purchaser. SC denied, ruling assignees lack entitlement under 1997 Rules; issuance is non-ministerial, with remedies available post-sale.
mandamus final certificate of sale

Case Digest (G.R. No. 216603)

Facts:

Jaime Manuel N. Legarda v. Clerk of Court of the Regional Trial Court of Muntinlupa City and Benjamin Calawagan, G.R. No. 216603, December 05, 2023, Supreme Court En Banc, Kho, Jr., J., writing for the Court.

Petitioner Jaime Manuel N. Legarda claimed rights to a parcel of land (covered by TCT No. 210835) purchased at public auction in Foreclosure No. 07‑016; Benjamin Calawagan was the highest bidder and obtained a Certificate of Sale dated July 25, 2007, with the one‑year redemption period running until October 1, 2008. During the redemption period, on April 8, 2008, Calawagan executed a Deed of Assignment assigning all his rights under the Certificate of Sale to Legarda for PHP 3,000,000; the assignment was annotated on the TCT on April 10, 2008.

After the redemption period lapsed, Legarda requested issuance of the Final Certificate of Sale in his name from the Clerk of Court of the Regional Trial Court of Muntinlupa (COC‑RTC Muntinlupa). The COC‑RTC Muntinlupa (through a letter dated February 25, 2010) refused, explaining that the 1997 Rules of Civil Procedure (Rule 39, Sec. 33) specify issuance to the purchaser or redemptioner and do not expressly provide for issuance to an assignee, and that issuing to an assignee would require resolution of contentious issues beyond ministerial duty.

Legarda filed a Petition for Mandamus (Civil Case No. 11‑021) in Branch 256, RTC of Muntinlupa, seeking compelled issuance of the Final Certificate of Sale in his favor. The RTC, in an Order dated January 15, 2014, granted the petition and directed issuance of the Final Certificate of Sale to Legarda, reasoning that an assignee steps into the assignor’s shoes and that issuance was ministerial. The Office of the Solicitor General (OSG), representing the COC‑RTC Muntinlupa, appealed to the Court of Appeals (CA) in CA‑G.R. SP No. 135217.

In a Decision dated September 4, 2014, the CA reversed and dismissed the Petition for Mandamus, holding that (a) Rule 39, Sec. 33 (1997 Rules) deleted the word “assignee” present in the 1964 Rules, and therefore the Final Certificate of Sale may be issued only to the purchaser or redemptioner; and (b) issuance to an assignee would not be ministerial because the vali...(Pro-only)

Issues:

  • Does petitioner Legarda have a clear, legal right to compel issuance of the Final Certificate of Sale such that mandamus lies?
  • Is the issuance of the Final Certificate of Sale to an assignee a ministerial act that the Clerk of Court can be compelled to perform?
  • Does Legarda lack a plain, speedy, and adequate remedy at law that would j...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)
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