G.R. No. 191109 - Republic vs. City of Paranaque

Petitioner New Pacific Timber & Supply Co., Inc. (defendant) and private respondent Ricardo A. Tong (plaintiff) entered into an amicable settlement in Civil Case No. 250 (1669), CFI Zamboanga City, Branch II.
On July 19, 1974, the court rendered a compromise judgment providing:

Payment of P54,500.00 plus 6% interest from August 25, 1972.
Payment of P6,000.00 attorney’s fees (P5,000.00 already paid; P1,000.00 balance).
Full payment due within five months.
Failure to comply entitles plaintiff to a writ of execution.

Upon petitioner’s default, the trial court issued a writ of execution on December 21, 1974 for P63,130.00, levying specified machinery.
Sale was set for January 15, 1975; petitioner deposited P63,130.00 (P50,000.00 cashier’s check + P13,130.00 cash) with the sheriff before sale date.
Private respondent refused the deposit and requested the sale proceed; the sale was postponed twice (January 15 and afternoon of January 15).
On January 16, 1975 at 10:00 a.m., after petitioner’s representatives failed to produce counsel, the sheriff auctioned the property to private respondent for P50,000.00, declaring a deficiency of P13,130.00.
The sheriff issued a Certificate of Sale in favor of private respondent on January 16, 1975.
On January 17, 1975, petitioner filed an ex parte motion for a Certificate of Satisfaction of Judgment; denied by the trial court on August 28, 1975.
On November 10, 1975, this Court issued a temporary restraining order enjoining delivery of the property to private respondent.

Whether private respondent validly refused acceptance of payment by cashier’s check and cash deposit made before the scheduled auction.
Whether certiorari is the proper remedy to annul the trial court’s order denying the Certificate of Satisfaction of Judgment.