GR 33913; (February, 1931) (Digest)
G.R. No. 33913 ; February 20, 1931
THE GOVERNMENT OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. CANDELARIO DE LAS CAJIGAS, defendant-appellant. JOSE CATOT, purchaser-appellee.
FACTS
The Government filed a foreclosure action on a mortgage executed by Candelario de las Cajigas as administrator of his deceased wife’s estate to secure a loan from the Philippine Postal Savings Bank. After judgment, the mortgaged property was sold at public auction to Jose Catot. Candelario de las Cajigas opposed the confirmation of the sale, arguing: (1) the heirs of the deceased wife were indispensable parties not impleaded; (2) he was not notified of the motion for execution of the judgment; (3) the published notice overstated the mortgage debt; and (4) the property was sold for much less than its value.
ISSUE
Whether the foreclosure sale was valid and properly confirmed despite the appellant’s objections.
RULING
Yes, the foreclosure sale was valid and properly confirmed. The Court held:
1. The administrator was the only indispensable party defendant. Under the Land Registration Act, registered land passes to the executor or administrator upon the owner’s death. The heirs’ interests were derivative and contingent, and they were represented by the administrator. Failure to implead subordinate lienholders or heirs does not void the foreclosure as between the parties; it only leaves an unforeclosed equity of redemption in those not impleaded.
2. No notice of the motion for execution was required. The judgment of foreclosure had become final, and the motion for execution was grantable as of course.
3. The overstatement of the debt in the notice of sale did not invalidate the sale. The amount advertised was based on the judgment, and subsequent partial payments reduced the actual debt. The sale’s validity does not depend on the precise correctness of the debt statement, as the property is sold to the highest bidder regardless of the debt amount.
4. The alleged inadequacy of price (property assessed at less than P20,000, sold for about P16,375) is not a sufficient ground to set aside the sale.
The judgment affirming the confirmation of the sale was affirmed.
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