Case Digest (G.R. No. L-13281)
Facts:
- Siari Valley Estates, Inc. (petitioner) vs. Filemon Lucasan and others (respondents).
- On January 30, 1952, the Court of First Instance of Zamboanga del Norte ordered Lucasan to deliver cattle or pay P40,000.00 plus P40,000.00 in damages.
- The Supreme Court affirmed this decision, making it final and executory, leading to a writ of execution.
- The sheriff levied on Lucasan's land, which was sold at public auction to Siari Valley Estates, Inc. on January 14, 1956.
- Lucasan did not redeem the property within one year, resulting in a final certificate of sale issued on January 26, 1957.
- Siari Valley Estates, Inc. sought a writ of possession on February 16, 1957, to take control of the lands.
- Lucasan opposed the petition, claiming possession of a parcel where he built a family home.
- The court initially favored Siari Valley Estates, Inc. but later amended its order, allowing possession of all lands except the family home parcel, which was deemed null and void.
- Siari Valley Estates, Inc. filed a petition for certiorari against the court's decision regarding the family home.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the notice of levy and sale regarding the registered land was legally ineffective, rendering the sale invalid.
- The Court affirmed that Lucasan's family home was exempt from execution, as th...(Unlock)
Ratio:
- The Supreme Court's decision on the first issue was based on the sheriff's failure to meet procedural requirements in the Rules of Court, specifically the lack of reference to the certificate of title number and registration details.
- Strict adherence to these requirements is essential for proper notification regarding property under judicial c...continue reading
Case Digest (G.R. No. L-13281)
Facts:
The case involves Siari Valley Estates, Inc. as the petitioner and Filemon Lucasan, among others, as respondents. The events leading to this case began on January 30, 1952, when the Court of First Instance of Zamboanga del Norte issued a decision ordering Filemon Lucasan to either deliver certain cattle to Siari Valley Estates, Inc. or pay its value of P40,000.00, along with an additional P40,000.00 in damages. This decision was affirmed by the Supreme Court and became final and executory, prompting the issuance of a writ of execution. The sheriff, in executing this writ, levied on several parcels of land owned by Lucasan, which were subsequently sold at a public auction to Siari Valley Estates, Inc. on January 14, 1956. Lucasan failed to redeem the property within the one-year period, leading to the issuance of a final certificate of sale on January 26, 1957, which was registered with the Office of the Register of Deeds of Zamboanga.
On February 16, 1957, Siari Valley Estates, Inc. petitioned for a writ of possession to take control of the lands. However, Lucasan opposed this, claiming possession of one parcel where he had built a house and had extrajudicially constituted it as a family home. The court initially ruled in favor of Siari Valley Estates, Inc., but later, on August 23, 1957, it amended its order, allowing the corporation to take possession of all lands except for the parcel where Lucasan's family home was located. The co...