GR L 14881; (February, 1920) (Digest)
G.R. No. L-14881; February 5, 1920
JULIO JAVELLANA, plaintiff-appellant, vs. LUIS MIRASOL and GERONIMO NUÑEZ, provincial sheriff of Iloilo, defendants-appellees.
FACTS:
In 1915, Julio Javellana obtained a judgment against Maximino Mirasol and Eugenio Kilayco. To satisfy the judgment, properties of Maximino Mirasol were sold at a sheriff’s auction on July 6, 1915, with Javellana as the highest bidder. Before the one-year redemption period expired, on July 3, 1916, Alejandro Mirasol (brother of Maximino) presented a bearer check for P6,604.74 to Deputy Sheriff Geronimo Nuñez to redeem the properties on behalf of Luis Mirasol (another brother). Luis Mirasol claimed the right to redeem as a judgment creditor, having purchased two judgments against Maximino Mirasol from the Bank of the Philippine Islands. The deputy sheriff accepted the check and issued a receipt. The check was not immediately cashed but was later presented and paid on December 13, 1916. On March 9, 1918, the sheriff executed a deed conveying the redeemed properties to Luis Mirasol.
Javellana filed a complaint challenging the redemption as irregular and fraudulent, arguing that Luis Mirasol was not a proper redemptioner and that the deposit was conditional. The Court of First Instance upheld the validity of the redemption, prompting Javellana’s appeal.
ISSUE:
1. Whether the deposit made by Alejandro Mirasol for redemption was an unconditional payment in good faith.
2. Whether Luis Mirasol qualified as a “redemptioner” under Section 464 of the Code of Civil Procedure, entitling him to redeem the property.
RULING:
The Supreme Court affirmed the trial court’s decision, upholding the validity of the redemption.
2. On Luis Mirasol’s Right to Redeem: The Court interpreted Section 464 of the Code of Civil Procedure, which allows a “redemptioner” (including a creditor having a lien by judgment or mortgage) to redeem. The Court held that under Philippine law, a judgment creditor has a “preferential right” (derecho preferente) akin to a lien, as recognized in the Spanish version of the Code. Thus, Luis Mirasol, as an assignee of judgments against Maximino Mirasol, qualified as a redemptioner. The Court emphasized that laws adapted from foreign sources must be interpreted in light of local jurisprudence, where a judgment creates a preferential right rather than a technical lien.
The redemption was deemed lawful, and Luis Mirasol was declared the rightful owner of the properties. Costs were assessed against appellant Javellana.