103 Phil.

401

[ G. R. No. L-11139. April 23, 1958 ]

SANTOS EVANGELISTA, PETITIONER, VS. ALTO SURETY &
INSURANCE CO., INC., RESPONDENT.
DECISION

CONCEPCION, J.:

This is an appeal by certiorari from a decision of the Court of Appeals.

Briefly, the facts are: On June 4, 1949, petitioner herein, Santos Evangelista, instituted Civil
Case No. 8235 ef the Court of First Instance of Manila, entitled "Santos Evangelista vs. Ricardo
Rivera," for a sum of money. On the same date, he obtained a writ of attachment, which was
levied upon a house, built by Rivera on a land situated in Manila and leased to him, by filing
copy of said writ and the corresponding notice of attachment with the Office of the Register of
Deeds of Manila, on June 8, 1949. In due course, judgment was rendered in favor of
Evangelista, who, on October 8, 1951, bought the house at public auction held in compliance
with the writ of execution issued in said case. The corresponding definite deed of sale was
issued to him on October 22, 1952, upon expiration of the period of redemption. When
Evangelista sought to take possession of the house, Rivera refused to surrender it, upon the
ground that he had leased the property from the Alto Surety & Insurance Co., Inc.—respondent
herein—and that the latter is now the true owner of said property. It appears that on May 10,
1952, a definite deed of sale of the same house had been issued to respondent, as the highest
bidder at an auction sale held, on September 29, 1950, in compliance with a writ of execution
issued in Civil Case No. 6268 of the same court, entitled "Alto Surety & Insurance Co., Inc. vs.
Maximo Quiambao, Rosario Guevara and Ricardo Rivera," in which judgment, for the sum of
money, had been rendered in favor of respondent herein, as plaintiff therein. Hence, on June 13,
1953, Evangelista instituted the present action against respondent and Ricardo Rivera, for the
purpose of establishing his (Evangelista) title over said house, and securing possession, thereof,
apart from recovering damages.

In its answer, respondent alleged, in substance, that it has a better right to the house, because the
sale made, and the definite deed of sale executed, in its favor, on September 29, 1950 and May
10, 1952, respectively, precede the sale to Evangelista (October 8, 1951) and the definite deed of
sale in his favor (October 22, 1952). It, also, made some special defenses which are discussed
hereafter. Rivera, in effect, joined forces with respondent. After due trial, the Court of First
Instance of Manila rendered judgment for Evangelista, sentencing Rivera and respondent to
deliver the house in question to petitioner herein and to pay him, jointly and severally, forty
pesos (P40.00) a month from October, 1952, until said delivery, plus costs.

On appeal taken by respondent, this decision was reversed by the Court of Appeals, which
absolved said respondent from the complaint, upon the ground that, although the writ of
attachment in favor of Evangelista had been filed with the Register of Deeds of Manila prior to
the sale in favor of respondent, Evangelista did not acquire thereby a preferential lien, the
attachment having been levied as if the house in question were immovable property, although, in
the opinion of the Court of Appeals, it is "ostensibly a personal property," As such, the Court of
Appeals held, "the order of attachment * * * should have been served in the manner provided in
subsection (e) of section 7 of Rule 59," of the Rules of Court, reading:

"The property of the defendant shall be attached by the officer executing the order in
the following: manner:

*******

"(e) Debts and credits, and other personal property not capable of manual delivery,
by leaving with the person owing such debts, or having in his possession or under
his control, such credits or other personal property, or with his agent, a copy of the
order, and a notice that the debts owing by him to the defendant, and the credits and
other personal property in his possession, or under his control, belonging to the
defendant, are attached in pursuance of such order." (Italics ours.)

However, the Court of Appeals seems to have been of the opinion, also, that the house of Rivera
should have been attached in accordance with subsection (c) of said section 7, as "personal
property capable of manual delivery, by taking and safely keeping in his custody", for it declared
that "Evangelista could not have * * * validly purchased Ricardo Rivera's house from the sheriff
as the latter was not in possession thereof at the time he sold it at a public auction."

Evangelista now seeks a review, by certiorari, of this decision of the Court of Appeals. In this
connection, it is not disputed that although the sale to the respondent preceded that made to
Evangelista, the latter would have a better right if the writ of attachment, issued in his favor
before the sale to the respondent, had been properly executed or enforced. This question, in turn,
depends upon whether the house of Ricardo Rivera is real property or not. In the affirmative
case, the applicable provision would be subsection (a) of section 7, Rule 59 of the Rules of
Court, pursuant to which the attachment should be made "by filing with the registrar of deeds a
copy of the order, together with a description of the property attached, and a notice that it is
attached, and by leaving a copy of such order, description, and notice with the occupant of the
property, if any there be."

Respondent maintains, however, and the Court of Appeals held, that Rivera's house is personal
property, the levy upon which must be made in conformity with subsections (c) and (e) of said
section 7 of Rule 59. Hence, the main issue before us is whether a house, constructed by the
lessee of the land on which it is built, should be dealt with, for purposes of attachment, as
immovable property, or as personal property.

It is our considered opinion that said house is not personal property, much less a debt,1 Credit or
other personal property not capable of manual delivery, but immovable property.. As explicitly
held, in Laddera vs. Hodges (48 Off. Gaz., 5374), "a true building (not merely superimposed on
the soil) is immovable or real property, whether it is erected by the owner of the land or by a
usufructuary or lessee. This is the doctrine of our Supreme Court in Leung Yee vs. Strong
Machinery Company, 37 Phil., 644. And it is amply supported by the rulings of the French
Court * * *."
It is true that the parties to a deed of chattel mortgage may agree to consider a house as personal
property for purposes of said contract (Luna vs. Encarnacion,*48 Off. Gaz., 2664; Standard Oil
Co. of New York vs. Jaramillo, .44 Phil., 630; De Jesus vs. Juan Dee Co., Inc., 72 Phil., 464).
However, this view is good only insofar as the contracting parties are concerned. It is based,
partly, upon the principle of estoppel. Neither this principle, nor said view, is applicable to
strangers to said contract. Much less is it in point where there has been no contract whatsoever,
with respect to the status of the house involved, as in the case at bar. Apart from this, in
Manarang vs. Ofilada (99 Phil., 108; 52 Off. Gaz., 3954), we held:

"The question now before us, however, is: Does the fact that the parties entering into
a contract regarding a house gave said property the consideration of personal
property in their contract, bind the sheriff in advertising the property's sale at public
auction as personal property? It is to be remembered that in the case at bar the action
was to collect a loan secured by a chattel mortgage on the house. It is also to be
remembered that in practice it is the judgment creditor who points out to the sheriff
the properties that the sheriff is to levy upon in execution, and the judgment creditor
in the case at bar is the party in whose favor the owner of the house had conveyed it
by way of chattel mortgage and, therefore, knew its consideration as personal
property.

"These considerations notwithstanding, we hold that the rules on execution do not

allow, and we should not interpret them in such a way as to allow, the special
consideration that parties to a contract may have desired to impart to real estate, for
example, as personal property, when they are not ordinarily so. Sales on execution
affect the public and third persons. The regulation governing sales on execution are
for public officials to follow. The form of proceedings prescribed for each kind of
property is suited to its character, not to the character which the parties have given to
it or desire to give it. When the rules speak of personal property, property which is
ordinarily so considered is meant; and when real property is spoken of, it means
properly which is generally known, as real property. The regulations were never
intended to suit the consideration that parties may have privately given to the
property levied upon. Enforcement of regulations would be difficult were the
convenience or agreement of private parties to determine or govern the nature of the
proceedings. We, therefore, hold that the mere fact that a house was the subject of a
chattel mortgage and was considered as personal property by the parties does not
make said house personal property for purposes of the notice to be given for its sale
at public, auction. This ruling is demanded by the need for a definite, orderly and
well-defined regulation for official and public guidance and which would prevent
confusion and misunderstanding.

"We, therefore, declare that the house of mixed materials levied upon on execution,
although subject of a contract of chattel mortgage between the owner and a third
person, is real property within the purview of Rule 39, section 16, of the Rules of
Court as it has become a permanent fixture of the land, which is real property. (42
Am. Jur. 199-200; Leung Yee vs. Strong Machinery Co., 37 Phil., 644; Republic vs.
Ceniza, et al., 90 Phil., 544; Ladera, et al. vs. Hodges, et al., [C.A.], 48 Off. Gaz.,
5374.)" (Italics ours.)
The foregoing considerations apply, with equal force, to the conditions for the levy of
attachment, for it similarly affects the public and third persons.

It is argued, however, that, even if the house in question were immovable property, its
attachment by Evangelista was void or ineffective, because, in the language of the Court of
Appeals, "after presenting a copy of the order of attachment in the Office of the Register of
Deeds, the person who might then be in possession of the house, the sheriff took no pains to
serve Ricardo Rivera, or other copies thereof." This finding of the Court of Appeals is neither
conclusive upon us, nor accurate.

The Record on Appeal, annexed to the petition for certiorari, shows that petitioner alleged, in
paragraph 3 of the complaint, that he acquired the house in question "as a consequence of the
levy of an attachment and execution of the judgment in Civil Case No. 8235" of the Court of
First Instance of Manila. In his answer (paragraph 2), Ricardo Rivera admitted said attachment
and execution of judgment. He alleged, however, by way of special defense, that the title of
respondent "is superior to that of plaintiff because it is based on a public instrument," whereas
Evangelista relied upon a "promissory note" which "is only a private instrument"; that said
public instrument in favor of respondent "is superior also to the judgment in Civil Case No.
8235"; and that plaintiff's claim against Rivera amounted only to P866, "which is much below
the real value" of said house, for which reason it would be "grossly unjust to allow plaintiff to
acquire the property for such an inadequate consideration". Thus, Rivera impliedly admitted that
his house had been attached, that the house had been sold to Evangelista in accordance with the
requisite formalities, and that said attachment was valid, although allegedly inferior to the rights
of respondent, and the consideration for the sale to Evangelista was claimed to be inadequate.

Respondent, in turn, denied the allegation in said paragraph 3 of the complaint, but only "for the
reasons stated in its special defenses" namely: (1) that by virtue of the sale at public auction,
and the final deed executed by the sheriff in favor of respondent, the same became the
"legitimate owner of the house" in question; (2) that respondent "is a buyer in good faith and for
value"; (3) that respondent "took possession and control of said house"; (4) that "there "was no
valid attachment by the plaintiff and/or the Sheriff of Manila of the property in question as
neither took actual or constructive possession or control of the property at any time"; and (5)
"that the alleged registration of plaintiff's attachment, certificate of sale and final deed in the
Office, of Register of Deeds, Manila, if there was any, is likewise, not valid as there is no
registry of transactions' covering houses erected on land belonging to or leased from another."
In this manner, respondent claimed a better right, merely under the theory that, in case of double
sale of immovable property, the purchaser who first obtains possession in good faith, acquires
title, if the sale has not been "recorded * * * in the Registry of Property" (Art. 1544, Civil Code
of the Philippines), and that the writ of attachment and the notice of attachment in favor of
Evangelista should be considered unregistered, "as there is no registry of transactions covering
houses erected on land belonging to or leased from another." In fact, said article 1544 of the
Civil Code of the Philippines, governing double sales, was quoted on page 15 of the brief for
respondent in the Court of .Appeals, in support of its fourth assignment of error therein, to the
effect that it "has preference or priority over the sale of the same property" to Evangelista.

In other words, there was no issue on whether copy of the writ and notice of attachment had
been served on Rivera. No evidence whatsoever, to the effect that Rivera had not been served
with copies of said writ and notice, was introduced in the Court of First Instance. In its brief in
the Court of Appeals, respondent did not aver, or even intimate, that no such copies were served
by the sheriff upon Rivera. Service thereof on Rivera had been impliedly admitted by the
defendants, in their respective answers, and by their behaviour throughout the proceedings in the
Court of First Instance, and, as regards respondent, in the Court of Appeals. In fact, petitioner
asserts in his brief herein (p. 26) that copies of said writ and notice were delivered to Rivera,
simidtaneously with copy of the complaint, upon service of summons, prior to the filing of copies
of said writ and notice with the register of deeds, and the truth of this assertion has not been
directly and positively challenged or denied in the brief filed before us by respondent herein.
The latter did not dare therein to go beyond making a statement—for the first time in the course
of these proceedings, begun almost five (5) years ago (June 18, 1953)—reproducing
substantially the aforementioned finding of the Court of Appeals and then quoting the same.

Considering, therefore, that neither the pleadings, nor the briefs in the Court of Appeals, raised
am issue on whether or not copies of the writ of attachment and notice of attachment had been
served upon Rivera; that the defendants had impliedly admitted—in said pleadings and briefs,
as well as by their conduct during the entire proceedings, prior to the rendition of the decision
of the Court of Appeals—that Rivera had received copies of said documents; and that, for this
reason, evidently, no proof was and introduced thereon, we are of the opinion, and so hold that
the finding of the Court of Appeals to the effect that said copies had not been served upon
Rivera is based upon a misapprehension of the specific issues involved therein and goes beyond
the range of such issues, apart from being contrary to the aforementioned admission by the
parties, and that, accordingly, a grave abuse of discretion was committed in making said finding,
which is, furthermore, inaccurate.

Wherefore, the decision of the Court of Appeals is hereby reversed, and another one shall be
entered affirming that of the Court of First Instance of Manila, with the costs of this instance
against respondent, the Alto Surety & Insurance Co., Inc. It is so ordered.

Paras, C. J., Bengzon, Montemayor, Reyes, A., Bautista Angelo, Labrador, Reyes, J. B. L.,
Endencia, and Felix, JJ., concur.

*91 Phil., 531

Source: Supreme Court E-Library | Date created: October 14, 2014

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