G.R. No. L‑3006
FACTS
– Plaintiff‑appellee José Gonzalez recovered a judgment of ₱2,200 against Lupo de la Cruz (May 13 1903).
– Executions were issued in June 1903 (unsatisfied), against sureties (₱900 collected), and again on Sept 10 1903, the latter levied on the house that became the subject of the dispute.
– Hilario Asunción claimed ownership, presenting (i) an April 18 1903 “pacto de retro” deed (₱500) and (ii) a September 4 1903 absolute sale deed (₱1,000). Upon seeing these, Sheriff Agustín Bañes released the levy.
– The sheriff testified he had spoken with the plaintiff who warned that the house was being sold; the sheriff verified the sale before levying.
– The plaintiff’s counsel, present when the first execution was returned unsatisfied, expressed satisfaction and made no further demand to levy the house. No evidence showed that the plaintiff or anyone else notified the sheriff of any unpaid balance on the purchase price.
ISSUE
Whether Sheriff Agustín Bañes was negligent in his official duty by failing to levy the execution against the house despite the plaintiff’s alleged entitlement.
RULING
The Supreme Court held that negligence was not proven. The house had been sold and, according to the purchaser’s testimony, fully paid before the first execution was issued. Moreover, the judgment creditor’s attorney was aware that the execution had been returned unsatisfied and never requested the levy on the property. Consequently, the lower court’s judgment was reversed, the sheriff was acquitted of the complaint, and costs of the first instance were awarded to the plaintiff; no further costs were assigned.
