Mariano v. Court of Appeals

Ruling

WHEREFORE, the decision of the Court of Appeals is hereby AFFIRMED. Costs against petitioners. Aside from this express declaration, the Court explained that, as the property was mortgaged by the decedent, co-ownership existed among his heirs during the period given by law to redeem the foreclosed property. Redemption of the whole property by co-owner Amparo did not vest in her the sole ownership over the property, as the redemption inured to the benefit of all co-owners; redemption will not put an end to co-ownership, as it is not a mode of terminating a co-ownership. The Court also distinguished [6] between Articles 1088 [7] and 1620 [8] of the Civil Code and ruled as inapplicable the doctrine that "the giving of a copy of the deed of sale to the co-heirs as equivalent to a notice." [9] On July 12, 1993, this Court denied the respondent-buyers' motion for reconsideration. The entry of judgment was made on August 2, 1993. II. Execution of the Mariano Decision (G.R. No. 101522) By the Lower Court a. The Incidents On April 26, 1994, the petitioner-heirs, as winning parties, filed a motion for the execution of our Decision in G.R. No. 101522, which motion the trial court granted on May 11, 1994. [10] The next day, the clerk of court issued a writ of execution and a notice to vacate. [11] The respondent-buyers moved for a reconsideration of the May 11, 1994 order and prayed for the nullification of the notice to vacate, arguing that the dispositive portion of the decision to be executed merely declared and recognized the petitioner-heirs as co-owners of the lot and did not authorize the sheriff to remove their houses from the land. They argued they can remain in possession of the property as co-owners because the judgment did not divest them of possession. [12] The sheriff later informed the trial court that copies of the notice to vacate and the writ of execution were served on, but were not signed by, the respondent-buyers. After the expiration of the 45-day period to vacate, the sheriff went back to check if the respondent-buyers had complied. They had not. On March 31, 1995, the petitioner-heirs filed a notice of redemption with the court of origin, duly served on the respondent-buyers, for the shares of Amparo, Antonia, Carlos, and Severino, and tendered the redemption price of P53,760. [13] On April 18, 1995, the sheriff issued a certificate of redemption after the first and second buyers refused to sign the notice and accept the tender, and after the aggrieved heirs deposited the redemption money with the court. [14] On the same date, the sheriff issued a return of service informing the court that on March 31, 1995, the redemption money was tendered to, but was not accepted by, Engr. Jose Aquino who received, but did not sign, the notice of redemption. [15] From 1994 to 1995, the respondent-buyers filed four motions: a motion for reconsideration of the May 11, 1994 order granting the motion for the issuance of a writ of execution; [16] a motio