490 Phil. 687
CARPIO MORALES, J.:
WHEREFORE, judgment is hereby rendered in favor of the petitioners and against the respondents in accordance with the decision of the Workmen’s Compensation Commission dated November 27, 1962, x x xOn July 30, 1965, the Ravinas filed a Motion for Execution of the CFI decision. The motion was granted on August 27, 1965 and a Writ of Execution was accordingly issued on September 17, 1965.
x x x In addition, respondents are condemned to pay 6% of interest on the amount due from the date of the filing of the petition.
SO ORDERED. (Underscoring supplied)[2]
The trial court went to state that “assuming that there was no irregularity in the notice to the judgment debtor and that of the newspaper that carried the notice,” the then Sec. 18 of Rule 39 of the Rules of Court, now Sec. 15 of the present Rules, on notice of sale of property on execution requires the posting of notices on the therein mentioned places. Yet, the trial court concluded, the said rule was not faithfully observed.x x x
. . . [T]he greater bulk of evidence is on lack of notice to the judgment debtors and that they had goods and chattels sufficient to answer for the amount adjudged.x x x
. . . [T]he Court observed that the execution of the judgment has been done posthaste. There was no time allotted for the sheriff to look into the goods or chattels of the judgment debtors. He immediately levied their seven (7) parcels of land as listed at the Municipal Treasurer’s Office of Laoag. The Court further noticed that the Certificate of Service was allegedly signed by Lorenza de la Cruz Lorenzo at the Office of the Chief of Police on October 24, 1965, also contrary to the allegation of Mrs. Ravina that she accompanied the policemen to serve the notices to the residence of the plaintiffs. As to the publication in the Daily Record, the sheriff insisted that there was no other newspaper then in general circulation. There being no evidence of any newspaper then in general circulation, the Court is unable to determine the extent of its circulation.x x x[3]
WHEREFORE, from the facts established, the Court hereby renders judgment as follows:Both parties appealed the CFI decision to the Court of Appeals.
- Declaring the Sheriff’s Final Deed of Sale dated August 11, 1967 over the lands in question null and void;
- Ordering the Register of Deeds of Laoag City to restore to the plaintiffs the lands originally covered by Transfer Certificate of Title No. T-1868, Transfer Certificate of Title No. T-723, Transfer Certificate of Title No. 2621 and Transfer Certificate of Title T-2622 and now covered by Transfer Certificates of Title Nos. T-7991, T-7992, (T2621)-1153 and T-7994, respectively, and three (3) unregistered rural lands described in the deed of sale;
- Ordering the plaintiffs to pay the sum of FOUR THOUSAND TWO HUNDRED THIRTY-FIVE (P4,235.00) (sic) PESOS representing the adjudged sum of money in Civil Case No. 3838-II plus an interest of 12% per annum from February 25, 1964 interest of 12% from February 25, 1964 interest of 12% from February 25, 1964 [sic], up to the time it is fully paid and P5.00 for cost review;
- Ordering whatever benefits derived from these lands by the judgment creditors as solely owned by them to offset whatever expenses incurred in the cultivation or improvements of the lands in question. (Underscoring supplied)[4]
Passing on the merits of the appeal of herein petitioner Ravinas, the appellate court found that “evidence is lacking to show that . . . [the] Sheriff complied with the procedural mandate of the aforecited provision of law [Sec. 9(a) and (b) of Rules 39 of the 1997 Rules of Civil Procedure], e.g., that he (Sheriff) should caused (sic) to show first that the personal property of the judgment debtors is not sufficient to satisfy the judgment and the adjudged financial liability of the [Lorenzos] is merely P4,235.00 plus an interest of 12% per annum . . . . On the other hand the total amount (sic) of the seven (7) parcels of land disposed in the public auction is P81,602.00.”I.
THE LOWER COURT ERRED IN HOLDING THAT THE EXECUTION OF THE JUDGMENT WAS DONE POSTHASTE AND THAT THERE WAS NO TIME FOR THE SHERIFF TO LOOK INTO THE GOODS OR CHATTELS OF THE JUDGMENT DEBTORS;II.
THE LOWER COURT ERRED IN GIVING CREDENCE TO LORENZA C. LORENZO’S CLAIM THAT SHE SIGNED THE CERTIFICATE OF SERVICE, EXHIBIT 1, IN THE OFFICE OF THE CHIEF OF POLICE OF LAOAG CITY ON OCTOBER 24, 1965 WITHOUT HAVING RECEIVED COPIES OF THE WRIT OF EXECUTION, NOTICE OF LEVY AND NOTICE OF AUCTION SALE AND THAT THERE WAS A DEFECT IN AND/OR FAILURE TO GIVE NOTICE OF THE PROCEEDINGS TO PLAINTIFFS.III.
THE LOWER COURT ERRED IN HOLDING THAT DUE NOTICE OF THE AUCTION SALE AND ITS PUBLICATION WAS NOT COMPLIED WITH AS PROVIDED FOR BY LAW. (Underscoring supplied)[5]
WHEREFORE, premises considered, the instant appeal [of the Ravinas] is DISMISSED for lack of merit; and the assailed 27 January 1991 Decision of the Regional Trial Court of Ilocos Norte, Branch 12 in Civil Case No. 4651-12 is hereby AFFIRMED in toto. No costs.Hence, the present petition of the Provincial Sheriff and the Ravinas which raise the following
SO ORDERED. (Emphasis in the original)[6]
This Court directed the parties to file their respective memoranda. Respondents have filed theirs but this Court’s rollo of the case does not show that petitioners filed theirs.GROUNDS[-BASES] OF THE PETITION
- THE FINDINGS OF THE TRIAL COURT AND THE COURT OF APPEALS DO NOT CONFORM TO THE EVIDENCE ON RECORD, WHICH, IF CONSIDERED, WOULD HAVE DRAWN A DIFFERENT CONCLUSION AND RESOLUTION OF THE CASES.
- THE FINDINGS OF THE LOWER COURTS OVERLOOKED SUBSTANTIAL FACTS AND CIRCUMSTANCES, WHICH, IF CONSIDERED, WOULD MATERIALLY AFFECT THE RESULT OF THE CASE.
- THE FINDINGS OF THE LOWER COURTS ARE BASED ON MERE SPECULATIONS, SURMISES, CONJECTURES, AND INFERENCES MANIFESTLY MISTAKEN WHICH ARE GLARINGLY ERRONEOUS AS TO CONSTITUTE GRAVE ABUSE OF DISCRETION.
- THE FINDINGS OF THE LOWER COURTS ARE PREMISED ON SUPPOSED ABSENCE OF EVIDENCE, WHICH IS CONTRADICTED BY THE EVIDENCE ON RECORD, CONSTITUTING SERIOUS ERROR IF NOT GRAVE ABUSE OF DISCRETION.
- THE LOWER COURTS DECIDED THE CASE NOT IN ACCORDANCE WITH THE EVIDENCE, THE LAW AND THE APPLICABLE DECISIONS OF THIS HONORABLE COURT.
- THE LOWER COURTS GRAVELY ERRED AND GRAVELY ABUSED THEIR DISCRETION WHEN THEY DECLARED THE SHERIFF’S FINAL DEED OF SALE OF AUGUST 11, 1967 NULL AND VOID. (Underscoring supplied)[7]
SEC. 9. Execution of judgments for money, how enforced. —The implementation of the writ of execution was thus flawed.x x x
(b) Satisfaction by levy. — If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode of payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. If the judgment obligor does not exercise the option, the officer shall first levy on the personal properties, if any, and then on the real properties if the personal properties are insufficient to answer for the judgment.
The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon.
When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees.
Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, may be levied upon in like manner and with like effect as under a writ of attachment. (Underscoring supplied)