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DIGEST Tiglao Vs Botones
DIGEST Tiglao Vs Botones
purchaser to pay in his money, an answer on the part of the purchaser to the effect
Upon motion of the plaintiff, the Court of First Instance of Tarlac on July 20, 1943, that the sale had not been confirmed would be sufficient. The confirmation operates
ordered the issuance of a writ of execution. to divest the title out of the former owner and to vest it in the purchaser. It is at this
time when the rights or title passes, and not before. Sales of mortgaged real estate
provincial sheriff sold at public auction the mortgaged properties to the plaintiff as should be more strictly scrutinized than ordinary sales under execution. In the
the highest bidder; the plaintiff filed an ex parte motion for the confirmation of the former the title, as we have said, passes to the purchaser upon confirmation by the
sale in his favor. “said sale is hereby APPROVED." chanrobles virtual law library
court, and the defendant or debtor has no right to redeem within the statutory
period granted in cases ordinary execution sales. In some of the States of the
plaintiff filed a motion for the issuance of a writ of possession. American Union there are statutes permitting the mortgagor to redeem after the
foreclosure sale has been confirmed. There is no such privilege extended to him by
statute in the Philippine Islands. The right of the mortgagor and those claiming
The defendant filed an opposition alleging (1) that the judgment of March 24, 1943, under him to redeem for mortgagee is extinguished by the foreclosure when the
is null and void, because the defendant's former counsel had no special authority to same has been properly made. But, up to the time of confirmation the title remains
settle the case in the manner stated in said judgment, and (2) that the sheriff's sale in the mortgagor."
was not legally confirmed, because the defendant was not given notice of the
motion for confirmation or its hearing.
In said case this Court held that a hearing "is a very essential part of those
proceedings because the hearing gives the interested parties an opportunity to lay
court granted plaintiff's motion for the issuance of a writ of possession. before the court their reasons why the sale should or should not be confirmed, and
it is the result of this hearing which diverts the title if the sale is confirmed."chanrobles virtual law library
The defendant filed a motion for reconsideration and a motion invoking moratorium
under Republic Act No. 342 and praying that all proceedings be suspended. In the case of Grimalt vs. Velasquez, SAME decision in Raymundo vs. Sunico,
Court of First Instance of Tarlac denied the motion for reconsideration. The In the cases of La Urbana vs. Belando, 54 Phil. 930, and Anderson vs. Reyes, 54
defendant appealed. chanroblesvirtualawlibrary chanrobles virtual law library
Phil. 944, it was held, following the decision in Grimalt vs. Velasquez,
ISSUE 1 Notice and hearing of motion for confirmation are therefore essential to the validity
of the order of confirmation, not only to enable the interested parties to resist the
W/N the trial court erred in sustaining the order confirming the sheriff's sale and in motion but also to inform them of the time when their right of redemption is cut
issuing the corresponding writ of possession in favor of the appellee. off. chanroblesvirtualawlibra ry chanrobles virtual law library
RULING 1 In the case at bar, the lower court undoubtedly had acquired jurisdiction over the
foreclosure proceedings but, in confirming the sheriff's sale without the essential
Under section 3 of rule 70 of the Rules of Court, the sale of mortgaged property requisite as to notice of the motion for confirmation, it exceeded its power, with the
"when confirmed by an order of the court . . . shall operate to divest the rights of all result that the order of confirmation is null and void.
the parties to the action and to vest their rights in the purchaser, subject to such
rights of redemption as may be allowed by law."
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ISSUE 2
W/N the trial court erred in not suspending the proceedings because of the
Moratorium Law (Republic Act No. 342).
RULING2
This contention is untenable. The foreclosure judgment had long become final. By
his motion for confirmation of the sheriff's sale and his motion for a writ of
possession, the appellee sought to recover, not a monetary obligation, but the
properties sold to him at public auction. What was held in Barrozo vs. Macaraeg, 46
Off. Gaz., 4932, is decisive against appellant's position. "The debt moratorium
merely prohibited the enforcement by action of the debts therein included; and in
this case no one is attempting to force anybody to pay his debt. The judgment
debtor whose property has been sold is not in debt for the redemption money. He
could not be required by action to redeem. Hence, he is not entitled to invoke the
suspension." chanrobles virtual law library
Wherefore the order of March 22, 1944, confirming the sheriff's sale of the
mortgaged properties, being null and void, the order of June 30, 1948, granting
appellee's motion for the issuance of a writ of possession is hereby set aside,
without prejudice to appellee's right to move anew for the confirmation of the
sheriff's sale in his favor, with due notice and hearing. So ordered without costs.
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Endnotes:
*
82 Phil., 8. chanroblesvirtualawlibrary chanrobles virtual law library
**
86 Phil., 447.