VTL Realty Corporation v. Atty. Leticia E. Ala

Ruling

Accordingly, the Writ of Execution was issued and was partially implemented with the delivery of the amount of P164,000.00 to complaints as partial payment of her professional fee. Meanwhile, upon motion by Chua, Judge Pison inhibited herself front the case. In June 2004, the case was re-raffled to RTC, Branch 94, QC, presided by Judge Romeo F. Zamora ( Judge Zamora ). In his Resolution [5] dated July 11, 2005, Judge Zamora reiterated the finality of the Partial Judgment and the Resolution granting the Motion for Execution issued by Judge Pison, and directed the issuance of another Writ of Execution for the balance of P2,851,203.67 in favor of complainant. Accordingly, an alias Writ of Execution [6] was issued on July 14, 2005. On September 7, 2005, Sheriff Fernando Regino of the RTC, Branch 94, QC made a levy on three motor vehicles owned by Chua in Cebu City. The three vehicles were later left with the CIDG, Cebu City, for safekeeping and were eventually released to the effective possession of Chua. Earlier, on July 18, 2005, the alias Writ of Execution was implemented by the Office of the Ex-Oficio Sheriff of the RTC of Cebu City. The implementing sheriff, respondent El Cid Caballes ( respondent Sheriff Caballes ), however, failed in his first attempt to make a levy. Subsequent attempts at implementation of the writ also produced negative results. Later, upon a tip that Chua was attempting to sell the conjugal home of the spouses in Cebu City, respondent Sheriff Caballes was able to levy an execution on the conjugal home covered by Transfer Certificate of Title ( TCT ) No. 110723, registered in the name of Chua. The levy was annotated on the title. The property was then scheduled to be sold by public auction on November 9, 2006. On November 3, 2006, before the scheduled public auction of the conjugal home, an independent action was instituted, docketed as Civil Case No. CEB-32893, entitled VTL Realty Corporation v. Atty. Leticia E. Ala, et al . for Injunction and Damages with an Application for Temporary Restraining Order ( TRO ). The case was filed to enjoin the public auction set on November 9, 2006 on the ground that the conjugal home was no longer owned by Chua but by VTL Realty Corporation ( VTL ), as it had been the subject of a foreclosed mortgage sold by Metrobank to VTL on November 26, 2002. The case was first raffled to RTC, Branch 7, Cebu City, presided over by respondent Judge Simeon P. Dumdum, Jr. ( respondent Judge Dumdum ), On November 3, 2006, respondent Judge Dumdum issued a 72-hour TRO enjoining the execution sale by public auction. On November 9, 2006, after the lapse of the 72-hour TRO and pursuant to the Writ of Execution issued in the nullity case, the subject property was sold and awarded to complainant as the highest bidder. On November 17, 2006, the sale was registered with the Register of Deeds in Cebu City. In the meantime, Civil Case No. CEB-32893 was re-raffled to RTC, Branch 23, Cebu City, presided by respondent J