Case Digest (G.R. No. L-21556)
Facts:
Philippine Surety & Insurance Co., Inc. v. Beatriz Zabal, G.R. No. L-21556. October 31, 1967, the Supreme Court En Banc, Reyes, J.B.L., J., writing for the Court.
Petitioner Philippine Surety & Insurance Company, Inc. obtained a money judgment against Amado de la Merced and Candido Fajardo (solidarily liable) in Civil Case No. 42056. To enforce the judgment, the Sheriff of Manila, pursuant to a writ of execution, levied on June 17, 1960 upon the interests and participation of Fajardo in a parcel of land registered under TCT No. 21180; a notice of levy was filed in the Register of Deeds and annotated on the title.
Respondent Beatriz Zabal presented on August 28, 1961 for registration a deed of sale dated August 28, 1959, by which Fajardo purportedly conveyed the same parcel to her. The Register of Deeds cancelled Fajardo’s certificate and issued TCT No. 64730 in Zabal’s name; the earlier notice of levy, however, was carried as an annotation on the back of the new certificate. Zabal then filed Civil Case No. 49395 in the Court of First Instance of Manila, seeking cancellation of the annotation on the ground that she was already owner when the land was registered and that the levy was irregular.
The trial court (Court of First Instance of Manila) ruled against Zabal and dismissed her complaint. On appeal, the Court of Appeals (CA-G.R. No. 31014-R) reversed, holding that the levy was invalid because the sheriff had not served a copy of the order, description, and notice on the occupant as required by Section 7(a) of old Rule 59 (now Sec. 7, Revised Rule 57); the appellate court o...(Subscriber-Only)
Issues:
- Is the Court of Appeals’ factual finding that respondent was not served with notice of the levy reviewable by this Court?
- Did the sheriff's failure to serve the occupant with the copy of the order, description and notice required by Section 7(a) of old Rule 59 invalidate the levy and render the registration/annotation...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)