Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1917 > October 1917 Decisions > G.R. No. 11721 October 2, 1917 - ANDRES GRIMALT v. MACARIA V. VELAZQUEZ, ET AL.

036 Phil 936:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 11721. October 2, 1917. ]

ANDRES GRIMALT, Plaintiff-Appellee, v. MACARIA V. VELAZQUEZ and SY QUIO, Defendants. SY QUIO, Appellant.

Vicente J. Francisco for Appellant.

Jose Moreno Lacalle for defendant Velazquez.

No appearance for Appellee.

SYLLABUS


1. MORTGAGE; FORECLOSURE; CONFIRMATION OF SALE; NOTICE OF MOTION TO CONFIRM SALE. — Under the provisions of section 257 of Act No. 190, the title to real property sold under foreclosure proceedings does not pass until the sale of the same has been confirmed by the court. In order that the sale may be confirmed validly it is necessary that a hearing be given the interested parties at which they may have an opportunity to show cause why the sale should not be confirmed. A failure to give notice is good cause for setting aside the confirmation of the sale.


D E C I S I O N


JOHNSON, J. :


The only question presented by this appeal is whether or not the debtor, in proceedings for the foreclosure of a mortgage, must be given notice of a motion made to have the sale of the mortgaged premises confirmed.

The facts out of which the appeal grew are not disputed and may be stated as follows: That on the 26th day of April, 1915, the plaintiff commenced an action in the Court of First Instance of the city of Manila to foreclose a mortgage executed and delivered by the defendant Macaria V. Velazquez to the plaintiff upon a certain piece or parcel of land; that a general denial was made by the defendant to the petition; that upon the issue thus joined a trial was had, and on the 3d day of August a judgment was rendered ordering the foreclosure of said mortgage; that the defendant was given time, in accordance with the provisions of the law, in which to deposit the amount due on said mortgage with the court; that in default of such deposit the land was ordered to be sold; that the defendant failed to make said deposit and an execution was issued in accordance with the provisions of the judgment theretofore rendered on the 7th day of October, 1915; that by reason of a motion of the defendant the sale of the mortgaged premises was suspended by the court until the 9th day of November, 1915; that on the 9th day of November, 1915, the mortgaged premises was sold to Francisco Dominguez, but by reason of his failure to pay to the sheriff the amount bid the property was again sold, after some proceedings were had, not important here to mention, on the 22d day of November, 1915, to Sy Quio, the appellant herein; that on the 4th day of January, 1916, the said purchaser (Sy Quio), by a motion, asked the court to confirm said sale; that on the 5th day of January, 1916, the court granted said motion and confirmed said sale; that on the 7th day of January, 1916, the defendant presented a motion in court praying that said order confirming said sale be annulled and set aside for the reason that no notice of said motion had been given to him, it appearing at the same time that he had, on the 6th day of January, 1916, deposited with the sheriff the full amount due upon said judgment of foreclosure. Said motion was duly heard. After hearing the respective parties the Honorable Simplicio del Rosario, judge, found that the defendant had not been given notice of said motion, and annulled and set aside his order theretofore made confirming the said sale, upon condition that the defendant Macaria V. Velazquez return to the purchaser Sy Quo the amount which he had theretofore paid to the sheriff, together with 10 per cent interest from the date of the payment, or from the 21st day of December, 1915, until paid. From that judgment the said Sy Quio appealed to this court.

The question of the necessity of giving the defendant notice of a motion to confirm the sale of premises under foreclosure proceedings has heretofore been discussed by this court. Section 257 of Act No. 190 provides that the title to premises sold under foreclosure proceedings does not pass until the sale of the same has been confirmed by the court. In the case of Raymundo v. Sunico (25 Phil. Rep., 365), we held that, in order that a foreclosure sale may be validly confirmed by the court, it is necessary that a hearing be given the interested parties at which they may have an opportunity to show cause why the sale should not be confirmed; that a failure to give notice is good cause for setting aside the sale. In the present case, however, in view of the fact that the defendant had, before the sale was finally confirmed, deposited with the sheriff the full amount of the judgment, with interest and costs, there is no occasion for ordering a resale of the premises.

In view of the foregoing, the judgment of the lower curt should be and is hereby affirmed, with costs. So ordered.

Arellano, C.J., Carson, Araullo, Street and Malcolm, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






October-1917 Jurisprudence                 

  • G.R. No. 11721 October 2, 1917 - ANDRES GRIMALT v. MACARIA V. VELAZQUEZ, ET AL.

    036 Phil 936

  • G.R. No. 10900 October 8, 1917 - IN RE: FELIPE TAMBOCO

    036 Phil 939

  • G.R. No. 11130 October 8, 1917 - BENITO GOLDING v. HIPOLITO BALATBAT

    036 Phil 941

  • G.R. No. 11553 October 8, 1917 - PEDRO N. LIONGSON v. ALFREDO MARTINEZ, ET AL.

    036 Phil 948

  • G.R. No. 11754 October 8, 1917 - AQUILINO CALVO v. CO CANG & CO., ET AL.

    036 Phil 954

  • G.R. No. 11904 October 9, 1917 - GOVERNMENT OF THE PHIL. v. DERHAM BROTHERS, ET AL.

    036 Phil 960

  • G.R. No. 12131 October 10, 1917 - UNITED STATES v. TAN GOY, ET AL.

    036 Phil 974

  • G.R. No. 12834 October 10, 1917 - SEBASTIAN LOZANO v. CARMEN MARTINEZ, ET AL.

    036 Phil 976

  • G.R. No. 13005 October 10, 1917 - UNITED STATES v. AH SING

    036 Phil 978

  • G.R. No. 10571 October 11, 1917 - GLICERIA MARELLA, ET AL. v. ELIAS AGONCILLIO

    036 Phil 982

  • G.R. No. 10193 October 12, 1917 - J. MCMICKING v. PADERN, MORENO, JIMENEZ & CO. (INC.) , ET AL.

    036 Phil 987

  • G.R. No. 12766 October 12, 1917 - UNITED STATES v. JUAN VELARDE

    036 Phil 991

  • G.R. No. 10631 October 13, 1917 - MARIA MORTERA DE ECEIZA, ET AL. v. THE WEST OF SCOTLAND INSURANCE OFFICE

    036 Phil 994

  • G.R. No. L-11284 October 13, 1917 - SIMEON BLAS v. VICENTE DE LA CRUZ, ET AL.

    037 Phil 1

  • G.R. No. L-12474 October 13, 1917 - UNITED STATES v. MORO ALI AKBAL

    037 Phil 5

  • G.R. No. 13107 October 13, 1917 - UNITED STATES v. JOSE TENORIO

    037 Phil 7

  • G.R. No. L-11717 October 16, 1917 - E. VEIGLEMANN & CO. v. INSULAR COLLECTOR OF CUSTOMS

    037 Phil 10

  • G.R. No. L-12918 October 16, 1917 - MUNICIPALITY OF ANTIPOLO v. FRANCISCO DOMINGO ET AL.

    037 Phil 13

  • G.R. No. L-12399 October 19, 1917 - UNITED STATES v. SERAPION DACQUEL

    037 Phil 16

  • G.R. No. L-12891 October 19, 1917 - UNITED STATES v. FILOMENO ESTAPIA ET AL.

    037 Phil 17

  • G.R. No. L-11326 October 20, 1917 - SIMEON CASTRO v. TOMAS REYES, ET AL.

    037 Phil 29

  • G.R. No. L-12260 October 20, 1917 - UNITED STATES v. DOROTEA ORTEGA, ET AL.

    037 Phil 32

  • G.R. No. L-12461 October 25, 1917 - UNITED STATES v. HERMOGENES CASION ET AL.

    037 Phil 36

  • G.R. No. L-12817 October 25, 1917 - UNITED STATES v. EMILIO BAYONA VITOG

    037 Phil 42

  • G.R. No. L-12841 October 25, 1917 - UNITED STATES v. MACARIO CONCEPCION ET AL.

    037 Phil 48

  • G.R. No. L-12880 October 25, 1917 - UNITED STATES v. BENITO LAO CHUECO

    037 Phil 53

  • G.R. No. L-12963 October 25, 1917 - UNITED STATES v. URBANO DOMEN

    037 Phil 57

  • G.R. No. L-10618 October 26, 1917 - IN RE: RAFAELA GUZMAN v. JUAN ANOG, ET AL.

    037 Phil 61

  • G.R. No. L-12642 October 26, 1917 - ELEUTERIA CHIONG VELOSO v. MANUEL ROA

    037 Phil 63

  • G.R. No. L-12875 October 26, 1917 - UNITED STATES v. LEOPOLDO ACACIO

    037 Phil 70

  • G.R. No. L-11407 October 30, 1917 - FAUSTO FUBISO, ET AL. v. FLORENTINO E. RIVERA

    037 Phil 72

  • G.R. No. L-12609 October 30, 1917 - UNITED STATES v. CHAN TIAO, ET AL.

    037 Phil 78

  • G.R. No. 12127 October 13, 1917 - UNITED STATES v. ELADIO CINCO, ET AL.

    042 Phil 839