G.R. No. 9576 ; September 28, 1917
HILARIO TANATO, plaintiff-appellant, vs. GAUDENCIO SAÑIEL and DIONISIO JAKOSALEM, as sheriff of Cebu, defendants-appellees.

FACTS:
Prior to June 1910, a money judgment was rendered against Patricio Niera in favor of Gonzalo Villareal. An execution was issued, and the subject land was attached and sold at public auction by the sheriff to defendant Gaudencio Sañiel on June 15, 1910. A sheriff’s deed was later executed in Sañiel’s favor on August 2, 1911. At the time of the attachment, plaintiff Hilario Tanato notified the sheriff that the property belonged to him, claiming ownership by virtue of a purchase from Patricio Niera for P200 in November 1909. The defendants contended that this sale was false and simulated. The trial court found the sale to be feigned and fictitious, noting that Niera continued to occupy the land without paying rent, the deed was a private unregistered document, and Tanato did not object to the attachment or sale until filing this action for recovery of possession and damages on August 31, 1911.

ISSUE:
Whether the sale of the land by Patricio Niera to Hilario Tanato was valid and effective, thereby making the subsequent sheriff’s sale to Gaudencio Sañiel void as to Tanato.

RULING:
No. The Supreme Court affirmed the trial court’s judgment, holding that the purported sale from Niera to Tanato was indeed fictitious and simulated. The Court found the evidence preponderated in favor of the trial court’s findings, which were based on the following circumstances: the vendor, Patricio Niera, remained in possession of the property without paying rent to Tanato; the evidence of sale was merely a private document and was not registered; and Tanato failed to timely assert his claim, only filing the action after the sheriff’s deed had been issued. Consequently, the property was rightfully levied and sold as property of the judgment debtor, Patricio Niera.

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