Facts:

• The case involves a civil case where a writ of execution was issued against the defendant, Jose T. Espinosa, to satisfy a deficiency judgment.
• A parcel of land owned by Espinosa, which was acquired under a homestead title, was sold at a public auction to the plaintiff, Philippine National Bank (PNB).
• The attachment was made on February 26, 1936, and the sale at public auction took place on May 21 of the same year.

Issue:

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Ruling:

• The attachment and sale of Espinosa's homestead land were valid and legal.
• The court ignored the question of lack of jurisdiction of the trial court to decide on the motion filed by Espinosa to annul the attachment and sale, as it can dispose of the merits of the case in this appeal.
• The Philippine National Bank, being a government-...(Unlock)

Ratio:

• The court based its decision on Section 116 of the Public Land Act, which states that lands acquired under the free patent or homestead provisions shall not be subject to encumbrance or alienation within five years from the date of issuance of the patent or grant, except in favor of the government or any of its branches, units, or institutions, or legally constitute...continue reading