Case Digest (G.R. No. L-820)
Facts:
Jesus Z. Valenzuela v. Irene Z. Aguilar, G.R. Nos. L-18083-18084. May 31, 1963, the Supreme Court En Banc, Concepcion, J., writing for the Court.In Civil Case No. 52 of the Court of First Instance of La Union, Florentina Zafra Vda. de Valenzuela (plaintiff) obtained a money judgment against Irene Z. de Aguilar (defendant) by decision dated February 13, 1950, ordering payment of P810.00 with interest from May 4, 1946. Execution issued and, after proceedings, a second alias writ of execution was issued on February 18, 1952. The provincial sheriff published a notice of public auction in the Baguio Midland Courier and sold at public auction on March 18, 1953 a parcel of real property described as part of a tract in San Fernando, La Union; Jesus Z. Valenzuela, the plaintiff’s attorney, was the highest bidder and received a certificate of sale (Exh. D). After the one‑year redemption period expired without redemption, the sheriff executed a Certificate of Absolute Definitive Deed of Sale in favor of Valenzuela on April 20, 1954, which was presented for registration on April 28, 1954; on that same date the sheriff placed Valenzuela in possession and Valenzuela collected rents from the property.
On December 28, 1957 Valenzuela filed application LRC Rec. No. N-14366 (Land Registration Case No. N-371) to register the property in his name; Irene Z. de Aguilar opposed. On March 10, 1958 Aguilar (the former owner and judgment debtor) filed Civil Case No. 1268 in the CFI of La Union to annul the public auction sale and for damages with injunction. The two actions were tried jointly. The trial court (Court of First Instance of La Union) on October 28, 1958 ordered registration of the land in favor of Valenzuela, directing annotation of a lease on the title.
Aguilar appealed. The Court of Appeals reversed, declaring the certificate of sale and the certificate of absolute definitive deed null and void, ruling they conferred no title on Valenzuela; it ordered Valenzuela to return rents collected (after deducting his purchase price with interest) and dismissed Valenzuela’s land registration application (LRC Rec. No. N-14366). Valenzuela took an appeal by certiorari to the Supreme Court.
The central factual/legal dispute was whether the execution sale was void because the sheriff did not file the notice of levy of the real property with the off...(Subscriber-Only)
Issues:
- Was the execution sale of Irene Z. de Aguilar’s land to Jesus Z. Valenzuela null and void for failure to file the notice of levy with the office of the Register of Deeds as required by the Rules of Court?
- If there was a defect in the levy, did the subsequent registration of the certificate of absolute sale and the sheriff’s and purchaser’s possession, together with Aguilar’s delay/inaction, validate the sale or bar relief (e.g., by laches) so that...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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