GR L 45165; (April, 1939) (Digest)
G.R. No. L-45165. April 12, 1939.
In the matter of the estate of the defendant Josefa Jimenez. GREGORIA JIMENEZ, administratrix-appellant, vs. GERONIMO JIMENEZ, creditor-appellee.
FACTS
In a summary settlement proceeding for the small estate of the deceased Josefa Jimenez, the court ordered the administratrix, Gregoria Jimenez, to pay the preferred claim of creditor Geronimo Jimenez for expenses of the last sickness and funeral. Due to non-payment, the court authorized the provincial sheriff to sell the estate property (a lot and house) at public auction. Geronimo Jimenez was the highest bidder and the sale was approved. Later, Gregoria Jimenez, as an heir, sought to redeem the property, depositing the redemption price with the sheriff before the expiration of the redemption period. The lower court denied her motion for redemption.
ISSUE
Whether an heir has the right to redeem the property of a deceased person sold at public auction in a summary settlement proceeding for the payment of estate debts.
RULING
No. The Supreme Court affirmed the lower court’s order denying the redemption. Properties sold at public auction in a summary settlement of a small estate for payment of debts are not subject to the statutory right of redemption applicable to execution sales in ordinary civil actions. The provisions of the Code of Civil Procedure governing redemption of real property sold under execution do not apply to special proceedings for summary settlement. Allowing redemption would defeat the purpose of the law to achieve a prompt and final distribution of small estates. Furthermore, the property, being registered under the Torrens system, had already been sold to a third party in good faith who obtained an irrevocable transfer certificate of title.
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