Title
Cagayan de Oro Coliseum, Inc. vs. Court of Appeals
Case
G.R. No. 129713
Decision Date
Dec 15, 1999
A 1977 loan default led to foreclosure, auction, and legal battles over procedural irregularities, culminating in the Supreme Court nullifying the execution sale due to invalid levy.

Case Summary (G.R. No. L-23408)

Background of the Case

This case stems from a prolonged conflict over ownership of a significant piece of real estate in Cagayan de Oro City that began over 20 years earlier. In 1977, Cagayan de Oro Coliseum, Inc. borrowed ₱149,253.73 from Santiago Maceren, securing the loan with a mortgage on its assets, including a 4,025 square meter parcel of land registered under Transfer Certificate of Title No. T-3383. This action led to subsequent complications when Maceren assigned the loan to Commercial Credit Corporation after Cagayan de Oro Coliseum, Inc. defaulted.

Legal Proceedings and Compromise Agreement

In 1979, five stockholders of Cagayan de Oro Coliseum, Inc. initiated a petition to enjoin the foreclosure proceedings instituted by Commercial Credit, claiming that the loan had been taken without proper authorization. This dispute culminated in a compromise agreement on March 11, 1980, wherein the stockholders ratified the loan, and the corporation committed to repay it in monthly installments. The judgment provided that in the event of default, the entire amount would become payable immediately, inclusive of penalties and attorney’s fees.

Execution of Judgment and Subsequent Appeals

By 1983, Commercial Credit had filed a motion for a writ of execution, alleging default in payment. The trial court granted this motion ex-parte, which Cagayan de Oro Coliseum, Inc. contested, claiming violations of due process and calling attention to overpayments. The court later reduced the amount owed from ₱70,152.68 to ₱64,956.19 but upheld the penalty stipulations from the compromise agreement.

Court of Appeals Decision and Further Complications

In a crucial February 1987 decision, the Court of Appeals ruled to reduce the penalty interest and attorney’s fees, stating that Cagayan de Oro Coliseum, Inc. had made total payments amounting to ₱303,758.15. Following the auction sale of the property to Richard Go King on the same date as the appellate decision, both parties sought reconsideration of the Court's rulings.

Legal and Procedural Issues

The petitioner raised a range of arguments, including that the auction sale was invalid due to improper execution procedures and that it had exercised its right to redeem the property. The Court of Appeals, however, upheld the validity of the auction sale, which the petitioner subsequently appealed.

Supreme Court's Ruling

The Supreme Court eventually found that the execution proceedings that led to the auction sale were null and void due to the absence of a proper levy, a critical prerequisite for a lawful sale under the Rules of Court. The execution order had not

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