Facts:

• Judgment entered on April 15, 1952, in G.R. No. L-3316, between Jose Ponce de Leon as the plaintiff and Santiago Syjuco, Inc. as the defendant.
• Judgment stated that if the amount of the judgment, including principal and interests, was not paid within 90 days from the date the judgment became final, the mortgaged properties would be sold at public auction to satisfy the judgment.
• Judgment was held in abeyance until after the moratorium orders were lifted.
• On July 7, 1953, Santiago Syjuco, Inc. filed a motion for the execution of the judgment, which was granted by the Court of First Instance of Manila on July 22, 1953.
• A writ of execution was issued on July 24, 1953.
• Petitioner, Jose Ponce de Leon, filed a motion to reconsider the order of execution, arguing that he was deprived of the 90-day period provided by Rule 70 of the Rules of Court to pay the judgment.

Issue:

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Ruling:

• The court declared the order for the sale of the mortgaged property null and void.
• The petitioner was granted 90 days to pay the judgment or face the...(Unlock)

Ratio:

• The 90-day period granted to the mortgage debtor to pay the amount of the mortgage is a substantive right granted by Section 2 of Rule 70 of the Rules of Court.
• This period is counted "from the date of service of the order," not from the date of the order itself.
• The 90-day period is not a procedural requirement but a substantive right that gives the mortgage debtor a last opportunity to pay the debt and save the mortgaged property from foreclosure.
• The order of execution, which was issued without granting the mortgage debtor the 90-day period, is null and void.
• The original judgment, which...continue reading