G.R. No. 6367 , September 28, 1912
Aldecoa & Co. (in liquidation) vs. Pastor Navarro, Sheriff of Leyte

FACTS

Aldecoa & Co. obtained a judgment against Pascual Veloso in Civil Case No. 6597. An execution was issued, and the provincial sheriff of Leyte, Pastor Navarro, levied upon and sold Veloso’s real and personal property at public auction to Aldecoa as the purchaser. The sheriff delivered possession of the property to Aldecoa, who made improvements on it. About two months later, the sheriff’s deputy, acting under the sheriff’s instructions, forcibly retook possession of the same property from Aldecoa without any court order or justification, intending to resell it. Aldecoa protested and filed this original action for prohibition to restrain the sheriff from proceeding with the resale.

ISSUE

Whether the sheriff may lawfully retake possession of property already sold and delivered under an execution sale, for the purpose of reselling it, without any court order or showing of irregularity in the sale.

RULING

No. The Supreme Court made the preliminary injunction permanent, perpetually prohibiting the sheriff from reselling the property.
The execution sale was regular and conveyed to Aldecoa all rights of the judgment debtor in the property. For personal property, the purchaser becomes absolute owner upon sale and delivery. For real property, the purchaser acquires all rights, title, and interest of the debtor, subject only to the statutory right of redemption. The sheriff’s act of retaking possession without any court order or legal justification was wholly unauthorized. The Court declined to rule on whether Aldecoa was entitled to a mandatory order for the return of the property, leaving him to pursue ordinary remedies for recovery of possession. Costs were imposed on the sheriff-respondent.