GR L 20815; (May, 1965) (Digest)
G.R. No. L-20815, May 19, 1965
SANTIAGO MANZANO, petitioner, vs. THE COURT OF APPEALS, ET AL., respondents.
FACTS
The Court of First Instance of La Union rendered a final and executory decision ordering Marcos and Macario Bambico to vacate a land and pay amounts to Santiago Manzano. To satisfy the judgment, the sheriff levied and sold at public auction two parcels of land and a residential house declared in the name of Marcos Bambico, with Manzano as the highest bidder. After the redemption period expired, Manzano took possession and sought court authorization for the sheriff to supervise the demolition of the house. The Bambicos opposed, claiming they were not the owners of the properties, and that a separate action (Civil Case No. 1744) was already pending in the same court, filed by Zoila Sabado (Marcos Bambico’s wife), contesting ownership by asserting the properties were conjugal. The court overruled the opposition and ordered demolition. Zoila Sabado then filed a petition for certiorari with the Court of Appeals, which set aside the demolition order.
ISSUE
Whether the trial court properly ordered the demolition of the house despite a pending separate action contesting the ownership of the properties levied upon in execution.
RULING
The Supreme Court denied Manzano’s petition and affirmed the Court of Appeals’ decision. The Court held that while the Bambicos did not file a third-party claim with the sheriff during execution, this did not preclude them from asserting ownership in a separate action, as provided under Section 17, Rule 39 of the Rules of Court. The Bambicos seasonably filed an action to annul the execution proceedings, naming both the execution creditor and the sheriff as parties. The trial court’s order for demolition, despite the pending action where the Bambicos’ interest in the properties was being litigated, was improper. Fairness required that the Bambicos be given an opportunity to be heard on their claimed interest before demolition could proceed. Costs were imposed on petitioner Manzano.