G.R. No. L-4322

INOCENTE MARTINEZ, plaintiff-appellee, vs. G.E. CAMPBELL, ET AL., defendants-appellants.

March 26, 1908

FACTS:
Inocente Martinez, whose property was sold at public auction under a judgment, attempted to exercise his right of redemption. On March 29, 1907, he offered P479 for the repurchase of three parcels of land. The redemption period, by agreement, was set to expire on March 31, 1907. However, the sheriff declined to receive the money, stating it did not agree with the amount named and the instructions given by the purchaser, G.E. Campbell. Campbell, for his part, denied that the sum offered was correct and raised the special defense that March 29 was an official holiday. Martinez repeated his offer on March 30, 1907. The lower court found that the redemption term expired on March 31, 1907, that the offer made on March 29 was repeated on March 30, and that the sheriff unlawfully refused to accept it, notwithstanding that the right to redemption could have been validly exercised up to March 30. No motion for a new trial was presented, binding the Supreme Court to the lower court’s factual conclusions.

ISSUE:
Whether the Court of First Instance correctly held that Inocente Martinez validly exercised his right of redemption.

RULING:
Yes. The Supreme Court affirmed the decision of the Court of First Instance. The Court found that the lower court’s decision was in accordance with the law and that no legal reason or ground had been adduced for its reversal. Since the sheriff unlawfully refused the valid offer of redemption made by Martinez on March 30, 1907, within the redemption period, Martinez was not liable to pay interest after that date. The Court ruled that Martinez should pay the amount due, with interest thereon up to March 30, 1907, only. The case was remanded to the lower court to appoint a reasonable term for the plaintiff to make this payment.