G.R. No. 45331; July 16, 1937
HAW PIA, petitioner, vs. FRANCISCO OMANA, ET AL., respondents.

FACTS

Petitioner Haw Pia, a Chinese citizen, obtained a favorable money judgment against Roman Par in a civil case. She secured a preliminary attachment on a parcel of private agricultural land owned by Par. After the judgment became final, the provincial sheriff sold the land at public auction to Haw Pia as the highest bidder and issued her a certificate of sale. When the redemption period expired without redemption, Haw Pia demanded that the sheriff execute a final deed of sale. The sheriff refused, and the Court of First Instance denied her motion, citing Sections 1 and 5, Article XII of the 1935 Constitution, which prohibit aliens from acquiring private agricultural land.

ISSUE

Whether the constitutional prohibition against aliens acquiring private agricultural land applies to a sale at public auction under execution that was consummated before the 1935 Constitution took effect.

RULING

No. The constitutional prohibition does not apply retroactively to the already-consummated sale. Under Section 463 of the Code of Civil Procedure, the purchaser at an execution sale substitutes for and acquires all rights, title, and interest of the judgment debtor from the time of the sale, subject only to the right of redemption. The sale to Haw Pia was consummated on July 1, 1935, when the certificate of sale was issued. The 1935 Constitution took effect on November 15, 1935. Since the transfer occurred before that date, the constitutional provisions are inapplicable. The writ of mandamus is granted, compelling the sheriff to issue the deed of sale.

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