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Javellana vs. Mirasol
Javellana vs. Mirasol
SUPREME COURT
Manila
EN BANC
G.R. No. L-14881 February 5, 1920
JULIO JAVELLANA, plaintiff-appellant,
vs.
LUIS MIRASOL and GERONIMO NUEZ,
provincial sheriff of Iloilo, defendants-appellees.
Cohn and Fisher for appellant.
Jose Lopez Vito, J. M. Arroyo, Kincaid and Perkins
and Sidney S. Schwarzkopf for appellees.
STREET, J.:
In the year 1915 Julio Javellana, the plaintiff herein,
recovered a judgment for the sum of P5,710.50,
with interest, in the Court of First Instance of the
Province of Iloilo against Maximino Mirasol and
Eugenio Kilayco, and in order to satisfy the same
an execution was in due time levied upon certain
properties of Maximino Mirasol. On July 6, 1915,
said properties were exposed to sale by the sheriff
at public auction and were purchased by the
judgment creditor, Julio Javellana, the highest
bidder, for the sum of P5,920. Before the expiration
of the period of one year allowed by law for the
redemption of property sold under execution, or to
be precise, on July 3, 1916, Alejandro Mirasol, a
brother of Maximino Mirasol, appeared before
Geronimo Nuez, deputy sheriff of the province
aforesaid, and, for the purpose of redeeming the
properties in accordance with section 465 of the
Code of Civil Procedure, placed in the hands of said
officer a check, drawn on the Bank of the Philippine
Islands and payable to bearer, for the sum of
P6,604.74.
In making this redemption it was represented to
the deputy sheriff that Luis Mirasol was a
redemptioner, or person entitled to redeem, within
the meaning of section 464 of the Code of Civil
Procedure; and in proof of this fact Alejandro
Mirasol exhibited a document bearing date of April
4, 1916, executed by the president of the Bank of
the Philippine Islands, transferring to Luis Mirasol
two claims, amounting to several thousand pesos,
which had been reduced to judgment by the bank
against Maximino Mirasol. The consideration for the
transfer of these judgments is stated in the
document of transfer to be P6,150, paid to the
bank by Luis Mirasol.
The right of Luis Mirasol to redeem the property
was not questioned by the deputy sheriff, and the
check presented by Alejandro Mirasol was
accepted. At the same time a receipt was delivered
to Alejandro Mirasol, signed by Geronimo Nuez as
deputy sheriff, acknowledging the receipt of the
sum of P6,604.74, as a deposit for the purpose of
redeeming the properties which had been sold as