G.R. No. L-45529; April 13, 1939
VENANCIO QUEBLAR, plaintiff-appellee, vs. LEONARDO GARDUÑO, defendant. MARIA ANDRADA, third-party claimant-appellant.

FACTS

Venancio Queblar obtained a judgment against Leonardo Garduño for a mortgage credit. After an execution sale of the mortgaged property yielded only P100, Queblar sought a second writ of execution to collect the balance. The sheriff levied upon a property at No. 174 Marquez de Comillas Street, Manila, registered under Transfer Certificate of Title No. 48775 in the name of third-party claimant Maria Andrada. Andrada claimed ownership, having purchased the property from Carmen Garduño. The sheriff, upon Queblar’s filing of an indemnity bond, proceeded with the levy. Andrada moved to dissolve the writ, but the trial court denied her motion. She appealed this denial.

ISSUE

Whether the trial court erred in not declaring the sheriff’s levy on the property claimed by Andrada illegal and in not ordering its dissolution.

RULING

No. The appeal is improper and without merit. Under Section 451 of the Code of Civil Procedure, as amended, when a third-party claim is filed, the sheriff must proceed with the sale once the judgment creditor files the required indemnity bond. The proper remedy for a third-party claimant is not an appeal from an order denying the dissolution of the levy, but to file a separate revindicatory action to recover the property or an action for damages against the bond within the prescribed periods. The appealed order is affirmed, with costs against appellant Andrada.

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