SECOND DIVISION
[G.R. No. 35726. October 17, 1932. ]
BRAULIO BALAGTAS ET AL., Plaintiffs-Appellees, v. CIRIACA ARGUELLES, Defendant. FERNANDO QUISUMBING, Appellant.
The appellant in his own behalf.
Vicente Sotto for Appellees.
SYLLABUS
1. JUDICIAL SALES; NOTICES OF SALE; REDEMPTION UNNECESSARY WHEN SALE IS NULL AND VOID. — If a sheriff sells properties without the notices prescribed by section 454 of the Code of Civil Procedure or at a time or place other than that designated in the notices, such sale gives no title to the property. In the present case notices were posted January 6, 1931, and the alleged sale was made the 19th of the same month, with the result that neither the personal property nor the real property was properly posted, and it follows that the alleged execution sale in question was null and void. No valid sale having been made, the plaintiffs did not need to present or offer any redemption of the property in question.
D E C I S I O N
OSTRAND, J.:
This is an appeal from an order of the Court of First Instance of Laguna dated April 21, 1931, denying a motion for reconsideration of Fernando Quisumbing under date of April 10, 1931.
On March 19, 1931, Braulio Balagtas Et. Al., plaintiffs in civil cause No. 5396 of the Court of First Instance of Laguna and appellees herein, filed a motion in the above-mentioned case, praying that the sheriff be ordered to execute a deed of redemption of the properties sold at an execution sale to Fernando Quisumbing for the amount of P10, which redemption was granted by the court below on March 27, 1931. It may be noted that the properties in question were said to be worth P35,000.
On April 10, 1931, Fernando Quisumbing filed a motion for reconsideration of the above-mentioned order which was denied by the court on April 21, 1931. From this order Fernando Quisumbing appealed to this court.
The three assignments of error presented by Quisumbing are without merit, but in regard to sales on execution, section 457 of the Code of Civil Procedure is as follows:jgc:chanrobles.com.ph
"SEC. 457. Sale on Execution. — All sales of property under execution must be made at auction, to the highest bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution, nor his deputy, can become a purchaser, nor be interested directly or indirectly in any purchase at such sale. When the sale is of personal property capable of manual delivery, it must be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they must be sold separately; or, when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. The judgment debtor, if present at the sale, may direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels of articles which can be sold to advantage separately, and the officer must follow such directions." (Italics ours.)
In the so-called "aviso" referred to by the deputy sheriff, Quirino P. Tesoro, it appears as follows:jgc:chanrobles.com.ph
"AVISO
"En virtud del mandamiento de ejecucion librado en los expedientes de registro Nos. 190, 439, 440, 442, 443, 444, 445, 446, 447, 448, 449, 450, 479, 523, 524, 525, 620, 622, 623, 697 y 698 del Juzgado de Primera Instancia de Laguna, por virtud del cual se ordena el cobro mediante apremio de la suma de quinientos ochenta y cuatro pesos con veinticuatro centimos (P584.24), moneda filipina, como costas del juicio en dichos expedientes contra Paulino Natividad, Agaton Saul, Martin San Juan, Magdalena Celespara, Virgilio Saul, Florentino Gonzales, Benigno Maque, Silvestre Lapaz, Emilio Lapaz, Victorio Erasga, Gregorio Balagtas, Arcadia Ciscon, Rufino Domingo, Valeriano Natividad, Celerino Deang, Juan Apasionado, Fausto Medina, Celerino Tañag, Francisco Esguerra y Juana Garcia, y a favor de Ciriaca Arg
On March 19, 1931, Braulio Balagtas Et. Al., plaintiffs in civil cause No. 5396 of the Court of First Instance of Laguna and appellees herein, filed a motion in the above-mentioned case, praying that the sheriff be ordered to execute a deed of redemption of the properties sold at an execution sale to Fernando Quisumbing for the amount of P10, which redemption was granted by the court below on March 27, 1931. It may be noted that the properties in question were said to be worth P35,000.
On April 10, 1931, Fernando Quisumbing filed a motion for reconsideration of the above-mentioned order which was denied by the court on April 21, 1931. From this order Fernando Quisumbing appealed to this court.
The three assignments of error presented by Quisumbing are without merit, but in regard to sales on execution, section 457 of the Code of Civil Procedure is as follows:jgc:chanrobles.com.ph
"SEC. 457. Sale on Execution. — All sales of property under execution must be made at auction, to the highest bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution, nor his deputy, can become a purchaser, nor be interested directly or indirectly in any purchase at such sale. When the sale is of personal property capable of manual delivery, it must be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they must be sold separately; or, when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. The judgment debtor, if present at the sale, may direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels of articles which can be sold to advantage separately, and the officer must follow such directions." (Italics ours.)
In the so-called "aviso" referred to by the deputy sheriff, Quirino P. Tesoro, it appears as follows:jgc:chanrobles.com.ph
"AVISO
"En virtud del mandamiento de ejecucion librado en los expedientes de registro Nos. 190, 439, 440, 442, 443, 444, 445, 446, 447, 448, 449, 450, 479, 523, 524, 525, 620, 622, 623, 697 y 698 del Juzgado de Primera Instancia de Laguna, por virtud del cual se ordena el cobro mediante apremio de la suma de quinientos ochenta y cuatro pesos con veinticuatro centimos (P584.24), moneda filipina, como costas del juicio en dichos expedientes contra Paulino Natividad, Agaton Saul, Martin San Juan, Magdalena Celespara, Virgilio Saul, Florentino Gonzales, Benigno Maque, Silvestre Lapaz, Emilio Lapaz, Victorio Erasga, Gregorio Balagtas, Arcadia Ciscon, Rufino Domingo, Valeriano Natividad, Celerino Deang, Juan Apasionado, Fausto Medina, Celerino Tañag, Francisco Esguerra y Juana Garcia, y a favor de Ciriaca Arg
