Case Summary (G.R. No. 45529)
Case Overview
Venancio Queblar initiated a legal action against Leonardo Garduno to recover an amount of P 7,750, inclusive of legal interest and costs, pursuant to a judgment rendered in his favor. Subsequent appeals modified the original judgment, imposing additional obligations on Garduno concerning attorney's fees. After executing the judgment, Queblar struggled to collect the outstanding balance due to insufficient proceeds from the sale of the mortgaged property.
Execution of Judgment and Third-Party Claim
Following the initial judgment, the sheriff levied upon a property owned by Maria Andrada, who asserted ownership based on a purchase from Carmen Garduno. Andrada filed a third-party claim with the sheriff in opposition to the levy. The sheriff, adhering to the legal requirement, delayed the auction of the property pending the filing of a bond by Queblar, which was set at P 10,000.
Lower Court's Denial of Andrada's Petition
Maria Andrada’s attempts to dissolve the writ of execution against her property were unsuccessful as the lower court denied her petition. She subsequently appealed the order, arguing that the levy on her property should be declared illegal, effectively seeking the dissolution of the levy.
Court's Determination on Levy Legality
The court found no merit in Andrada’s claims. The relevant provisions under Section 451 of the Code of Civil Procedure (amended by Act No. 4108) clearly dictate that when a sheriff levies property due to a third-party claim, it is incumbent upon the claimant to file an appropriate bond. The court emphasized that the sheriff is mandated to proceed with the auction of the levied property once the bond is in place unless prevented by a court injunction or another legal action.
Requirements for Third-Party Claimants
The court reiterated the procedural steps required for third-party claimants in such situations, highlighting the necessity to either file a revindicatory action or seek damages against the bond filed by the judgment creditor. The statute specifies that the owner retains the right to assert a cl
...continue readingCase Syllabus (G.R. No. 45529)
Case Overview
- The case involves a civil suit (No. 2778) filed by the plaintiff Venancio Queblar against the defendant Leonardo Garduno in the Court of First Instance of Cavite.
- The court ruled in favor of Queblar, ordering Garduno to pay P 7,750 plus legal interest from May 4, 1933, and the costs of the suit.
- Both parties subsequently appealed the judgment; however, the appeal led to a modification that included a penalty for attorney's fees.
Background of the Case
- After the initial judgment, Queblar sought execution of the ruling, prompting the court to issue a writ of execution.
- A public auction of the mortgaged property yielded only P 100, leading Queblar to request an additional writ of execution to collect the outstanding balance.
- On October 28, 1936, the sheriff levied property owned by Maria Andrada, as indicated by transfer certificate of title No. 48775, to facilitate the sale.
Third-Party Claim by Maria Andrada
- Maria Andrada filed a third-party claim on November 5, 1936, asserting ownership of the property, which she had purchased from Carmen Garduno on February 13,