Treated the complaint as one for injunction and

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treated the complaint as one for injunction and declaratory relief and executed the judgment pursuant to the provisions of section 4 of Rule 39 of the Rules of Court.
12 | S A N T I A G O , S a r a A n d r e a N i n a P . 2 0 1 7 - 0 0 6 4 C i v i l P r o c e d u r e S e a t w o r k G.R. No. L-29142 November 29, 1971 ARSENIO REYES vs. ENRIQUE R. TOLENTINO and LEONORA P. TOLENTINO, BENITO MACROHON in his capacity as Provincial Sheriff of Rizal, BENJAMIN REYES, in his capacity as Register of Deeds of Quezon City FACTS On 25 November 1957, defendants Enrique R. Tolentino and Leonora P. Tolentino, spouses, obtained a loan of P8,500.00 from the Government Service Insurance System in whose favor they executed a real estate mortgage over a parcel of land and all its improvements, situated in Quezon City and covered by Transfer Certificate of Title No. 39624, with a special power to sell the same in case of non-payment; that the defendants failed to pay some of the loan amortizations on their due dates, thus making the whole indebtedness due and payable; that because of their failure to pay the whole obligation, the Government Service Insurance System extrajudicially foreclosed the mortgage in accordance with the provisions of Act No. 3135, as amended; that on 11 November 1963, defendant Benito Macrohon, as Sheriff of Rizal, sold the property mortgaged at a public auction to plaintiff Arsenio Reyes as the highest bidder for the amount of P9,905.00; that on 26 December 1963; defendant Macrohon issued the corresponding certificate of sale dated 26 December 1963 containing a condition that the period of redemption would expire one (1) year from and after the date of registration thereof; that on the same day, plaintiff protested against such condition embodied in the certificate of sale; that on 14 May 1964, the Sheriff's certificate of sale was registered with the office of the Register of Deeds of Quezon City; and that on 4 March 1965, defendants Enrique R. Tolentino and Leonora P. Tolentino paid to the defendant Sheriff the total amount of P11,460.00, representing the redemption price of the property foreclosed. Plaintiff initiated this action because of the refusal of the defendants to vacate the property foreclosed and to pay to the plaintiff monthly rental therefor from the time the period for them to redeem expired, that is on 11 November 1964, up to the time they actually vacate the premises. ISSUE Whether or not the period of redemption has already lapse. HELD The cases of Metropolitan Insurance Co. vs. Pigtain and Manuel vs. Philippine National Bank, both 1957 decisions, this Court, indeed, held, as appellant asserts, that the reckoning date for redemption is from the date of the auction sale, not from the registration of the sale. This doctrine, however, was impliedly abandoned as early as 1959, in Garcia vs. Ocampo, 105 Phil. 1102 (30 June 1959), and the reasons therefore were set forth, amplified and developed in subsequent decisions of this Court, the latest among which is Quimson vs. Philippine National

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