G.R. No. L-1282; April 25, 1949
JUAN S. BARROZO, plaintiff-appellant, vs. MARCELINO T. MACARAEG, ET AL., defendant-appellees.

FACTS

Plaintiff Juan S. Barrozo’s properties were sold at a public auction on April 28, 1941, to satisfy a judgment debt. The sheriff executed a final deed of sale on August 21, 1942, and the buyer later transferred the rights to defendants Marcelino T. Macaraeg and spouse. The one-year period to redeem the properties expired on April 28, 1942. Barrozo sought to repurchase the properties in February 1943, beyond the redemption period, arguing that the outbreak of World War II suspended or extended the redemption period. The trial court dismissed his complaint.

ISSUE

Whether the redemption period was suspended or extended by the war, thereby allowing Barrozo to repurchase the properties after the statutory one-year period.

RULING

No. The Supreme Court affirmed the trial court’s dismissal. The war did not suspend the redemption period. Even if the period of confusion during the Japanese invasion (January to May 1942) were deducted, Barrozo’s action in February 1943 was still filed late. Financial hardship is not an excuse for failure to redeem on time. The Court also found no shocking inadequacy in the auction price that would justify annulment of the sale, and the debt moratorium (Executive Order No. 32) did not apply to the right of redemption, as it prohibits enforcement of debts by action, and redemption is not a debt enforceable against the judgment debtor.

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