Escolar Documentos
Profissional Documentos
Cultura Documentos
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* FIRST DIVISION.
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the sale not from and after the date of the sale.—We clarify that
the redemption period envisioned under Act 3135 is reckoned
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from the date of the registration of the sale, not from and after the
date of the sale, as the text of Act 3135 shows. Although the
original Rules of Court (effective on July 1, 1940) incorporated
Section 464 to Section 466 of the Code of Civil Procedure as its
Section 25 (Section 464); Section 26 (Section 465); and Section 27
(Section 466) of Rule 39, with Section 27 still expressly reckoning
the redemption period to be “at any time within twelve months
after the sale;” and although the Revised Rules of Court (effective
on January 1, 1964) continued to provide in Section 30 of Rule 39
that the redemption be made from the purchaser “at any time
within twelve (12) months after the sale,” the 12-month period of
redemption came to be held as beginning “to run not from the
date of the sale but from the time of registration of the sale in the
Office of the Register of Deeds.” This construction was due to the
fact that the sheriff’s sale of registered (and unregistered) lands
did not take effect as a conveyance, or did not bind the land, until
the sale was registered in the Register of Deeds.
Same; Same; Same; The consolidation of ownership in the
purchaser’s name and the issuance to him of a new Transfer
Certificate of Title (TCT) then entitles him to demand possession of
the property at any time and the issuance of a writ of possession to
him becomes a matter of right upon the consolidation of title in his
name.—The mortgagor or his successor-in-interest must redeem
the foreclosed property within one year from the registration of the
sale with the Register of Deeds in order to avoid the title from
consolidating in the purchaser. By failing to redeem thuswise, the
mortgagor loses all interest over the foreclosed property. The
purchaser, who has a right to possession that extends beyond the
expiration of the redemption period, becomes the absolute owner
of the property when no redemption is made, that it is no longer
necessary for the purchaser to file the bond required under
Section 7 of Act No. 3135, as amended, considering that the
possession of the land becomes his absolute right as the land’s
confirmed owner. The consolidation of ownership in the
purchaser’s name and the issuance to him of a new TCT then
entitles him to demand possession of the property at any time,
and the issuance of a writ of possession to him becomes a matter
of right upon the consolidation of title in his name.
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BERSAMIN, J.:
By petition for review on certiorari, the petitioner
appeals the decision promulgated on March 17, 2003,
whereby the Court of Appeals (CA) dismissed his petition
for certiorari.
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Antecedents
In 1968, the petitioner obtained two loans totaling
P34,000.00 from respondent Government Service Insurance
System (GSIS). To secure the performance of his
obligations, he mortgaged two parcels of land registered
under his and his wife Marcelina Mallari’s names.
However, he paid GSIS about ten years after contracting
the obligations only P10,000.00 on May 22, 1978 and
P20,000.00 on August 11, 1978.1
What followed thereafter was the series of inordinate
moves of the petitioner to delay the efforts of GSIS to
recover on the debt, and to have the unhampered
possession of the foreclosed property.
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1 Rollo, p. 42-43.
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2 Id., at p. 148.
3 Id., at p. 44.
4 Id., at pp. 169-179.
5 Id., at p. 45.
6 Id., at pp. 45, 180.
7 Id., at p. 45.
8 Id., at pp. 51-54.
9 Id., at p. 55.
10 Id., at p. 56.
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39
Ruling of the CA
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SO ORDERED.23
Issues
Hence, this appeal.
The petitioner insists herein that the CA gravely erred
in refusing “to accept the nullity of the following orders” of
the RTC, to wit:
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1. The order dated October 8, 1999 (granting the ex parte motion for
execution and/or issuance of the writ of execution cum writ of
possession of GSIS);25
2. The order dated October 21, 1999 (directing the issuance of the
writ of execution cum writ of possession in favor of GSIS);26
3. The order dated July 30, 2001 (requiring the Branch Clerk of
Court to cause the re-implementation of the writ of execution cum
writ of possession, and dismissing the motions to hold GSIS, et al.
in contempt);27 and
4. The order dated February 11, 2002 (denying the motion for
reconsideration dated August 17, 2001 seeking the reconsideration
of the order dated July 30, 2001).28
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25 Id., at p. 55.
26 Id., at p. 56.
27 Id., at pp. 120-121.
28 Id., at pp. 139-141.
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Act No. 4118; and (4) execution sales, pursuant to the last
paragraph of Section 33, Rule 39 of the Rules of Court.31
Anent the redemption of property sold in an
extrajudicial foreclosure sale made pursuant to the special
power referred to in Section 132 of Act No. 3135,33 as
amended, the debtor, his successor-in-interest, or any
judicial creditor or judgment creditor of said debtor, or any
person having a lien on the property subsequent to the
mortgage or deed of trust under which the property is sold
has the right to redeem the property at anytime within the
term of one year from and after the date of the sale, such
redemption to be governed by the provisions of Section 464
to Section 466 of the Code of Civil Procedure, to the extent
that said provisions were not inconsistent with the
provisions of Act 3135.34
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beginning “to run not from the date of the sale but from the
time of registration of the sale in the Office of the Register
of Deeds.”36 This construction was due to the fact that the
sheriff’s sale of registered (and unregistered) lands did not
take effect as a conveyance, or did not bind the land, until
the sale was registered in the Register of Deeds.37
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last redemption upon payment of the sum paid on the last redemption,
with two per centum thereon in addition, and the amount of any
assessments or taxes which the last redemptioner may have paid thereon
after redemption by him, with interest on such last-named amount, and in
addition, the amount of any liens held by said last redemptioner prior to
his own, with interest. The property may be again, and as often as a
redemptioner is so disposed, redeemed from any previous redemptioner
within sixty (60) days after the last redemption, on paying the sum paid
on the last previous redemption, with two per centum thereon in addition,
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and the amounts of any assessments or taxes which the last previous
redemptioner paid after the redemption thereon, with interest thereon,
and the amount of any liens held by the last redemptioner prior to his
own, with interest.
Written notice of any redemption must be given to the officer who made
the sale and a duplicate filed with the registrar of deeds of the province,
and if any assessments or taxes are paid by the redemptioner or if he has
or acquires any lien other than that upon which the redemption was
made, notice thereof must in like manner be given to the officer and filed
with the registrar of deeds; if such notice be not filed, the property may be
redeemed without paying such assessments, taxes, or liens.
36 Garcia v. Ocampo, 105 Phil. 1102, 1108 (1959).
37 Section 50, Act No. 496, states:
Sec. 50. An owner of registered land may convey, mortgage, lease,
charge, or otherwise deal with the same as fully as if it had not been
registered. He may use forms of deeds, mortgages, leases, or other
voluntary instruments like those now in use and sufficient in law for the
purpose intended. But no deed, mortgage, lease, or other voluntary
instrument, except a will, purporting to convey or affect
registered land, shall take effect as a conveyance or bind the land,
but shall operate only as a contract between the parties and as
evidence of authority to the clerk
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“Sec. 28. Time and manner of, and amounts payable on,
successive redemptions; notice to be given and filed.—The
judgment
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deal with the same in accordance with existing laws. He may use such forms of
deeds, mortgages, leases or other voluntary instruments as are sufficient in law.
But no deed, mortgage, lease, or other voluntary instrument, except a will
purporting to convey or affect registered land shall take effect as a
conveyance or bind the land, but shall operate only as a contract between
the parties and as evidence of authority to the Register of Deeds to make
registration.
The act of registration shall be the operative act to convey or affect the
land insofar as third persons are concerned, and in all cases under this
Decree, the registration shall be made in the office of the Register of
Deeds for the province or city where the land lies.
See also State Investment House, Inc. v. Court of Appeals, G.R. No. 99308,
November 13, 1992, 215 SCRA 734; Agbulos v. Albert, G.R. No. L-17483, July 31,
1962, 5 SCRA 790; Tuason v. Raymundo, 28 Phil. 635 (1914); Sikatuna v.
Guevara, 43 Phil. 371 (1922); Worcester v. Ocampo, 34 Phil. 646 (1916).
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upon which the redemption was made, notice thereof must in like
manner be given to the officer and filed with the registry of deeds;
if such notice be not filed, the property may be redeemed without
paying such assessments, taxes, or liens. (30a)” (Emphasis
supplied).
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39 Samson v. Rivera, G.R. No. 154355, May 20, 2004, 428 SCRA 759,
771.
40 Chailease Finance Corporation v. Ma, G.R. No. 151941, August 15,
2003, 409 SCRA 250, 253.
41 De Vera v. Agloro, G.R. No. 155673, January 14, 2005, 448 SCRA
203, 213-314.
50
III
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44 Penson v. Maranan, G.R. No. 148630, June 20, 2006, 491 SCRA 396,
407.
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IV
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46 Rollo, p. 49.
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