SC held that a Need to wait for decision of branch 60 case b CA is wrong in

Sc held that a need to wait for decision of branch 60

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Cometa before the sale to Franco). SC held that a. Need to wait for decision of branch 60 case b. CA is wrong in putting emphasis on redemption because redemption estops questioning of validity c. Equitable considerations stops the court from reversing the decision of the CA since the properties were sold at an unusually lower price that their true value. 7. Thereafter, the Branch 60 case made a decision dismissing the case because reps of Cometa and Herco failed to appear. = thus the levy is considered valid = this became final and executory 8. Franco again filed a motion for issuance of writ of possession and cancellation of lis pendens a. Heirs of Cometa opposed, saying they were intending to redeem the properties b. Heirs consigned with Office of Clerk of Court purchase price of lots + interest + realty taxes 9. RTC/CA held that a. Heirs of Cometa and Herco doesn’t have the right to redeem because they questioned the sale beyond the period of redemption b. Rule: running of period of redemption is SUSPENDED if the validity of the sale is questioned any time WITHIN the period of redemption. IF questioned after period expired already, then the rule on suspension doesn’t apply anymore since there’s nothing to suspend already. c. In Cometa, RTC/CA held that when the case was filed, it has been more than 10 months after the period of redemption has expired, thus when Case 2 (branch 60 case) was filed, there was no longer any period of redemption that can be suspended. ISSUE: WON Cometa heirs can still redeem properties despite being way past the redemption period. YES, in pursuit if equity and justice 1. SC held that the CA was right with regard to the rule on suspension of redemption period. But held that since the policy of the law is to aid rather than to defeat the right of redemption, and the statute, being remedial, it must be construed liberally to offer a remedy and carry out the spirit and purpose of the right to redeem. Thus, the court allows redemption even beyond the period. 2. The rule on redemption is liberally construed in favor of the original owner of the property 3. Reasons: a. In this case, it is to be admitted that the heirs of Cometa and Herco were negligent in protecting their interest in failing to appear during the trial, which resulted in the lower court dismissing their case on a mere technicality but court held that procedural rules are required to be followed strictly except for the more persuasive of reasons such as to avoid injustice b. Though the rule is the mere inadequacy of price will not invalidate a judicial sale of real property, if it is shocking to the conscience of a reasonable man, then it can be set aside. In this case, the value of the 2 properties is 500k while the purchase price is a mere 57k, this is unjust c. Moreover, the manner by which the properties were levied, when they were sold en masse and not separately as provided by the rule of court, is suspicious. (Rule: the sheriff must only levy the property sufficient to satisfy judgment and costs + when there’s a sale
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