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Agbulos v. Alberto
G.R. No. L-17483 July 31, 1962
FACTS:
By virtue of a writ of execution issued by the Court of First
Instance of Manila on March 16
1!"! in Civil Case #o$ 1%6&& entitled 'ose A(bulos
)laintiff vs$ 'ose C$ Alberto defendant the
ri(hts interests and )artici)ation of the latter in a )arcel of
land covered by Transfer Certificate
of Title #o$ *&6&+ of the land records of Manila were
levied u)on$ After due )roceedin(s the
corres)ondin( execution sale thereof was ,ade on 'une 1" 1!"!
with herein a))ellant A(bulos
-.ud(,ent creditor in the case/ as the hi(hest bidder$ The
officer who ,ade the sale issued the
certificate of sale on 'uly % 1!"! and the sa,e )rovided that
0The rede,)tion of the above
described )ro)erty fro, the )urchaser ,ay be ,ade at any ti,e
within twelve -1*/ ,onths after
the sale$0
The sa,e was re(istered in the ffice of the 2e(ister of 3eeds of
Manila on 'uly 1% of the sa,e
year$ The entry or annotation ,ade on the bac4 of the title of
the )ro)erty reads as follows:
5ntry #o$ !**1T*&6"+ 7 C52TIFICAT5 F SA85 7 In favor of 'S5
A9B8S
7 Affectin( the ri(hts interest and )artici)ation of 'ose C$
Alberto in the )ro)erty herein
described for the su, of ;6uest (ivin( the
followin( as his reasons for the denial: -a/ that the
certificate of sale in favor of a))ellant was
re(istered only on 'uly 1% 1!"! for which reason the )eriod of
rede,)tion co,,enced to run
only fro, such date? and -b/ that the .ud(,ent debtor had
de)osited on 'une *+ 1!6
7/21/2019 # 12 Agbulos v Alberto Digest
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Alon( sa,e line we ,ay say in this case that the )eriod of year
after the sale,ust li4ewise start
only fro, the date of re(istration of the certificate of sale
because it is only then that the
certificate ta4es 0effect as a conveyance in accordance with Act
&!6$
Aside fro, what has been said heretofore a))ellant now esto))ed
fro, clai,in( that the one@
year )eriod rede,)tion started earlier than the date when the
certificate of sale was re(istered
for the reason that he failed ti,ely to >uestion the entry or
annotation ,ade on the bac4 of the
certificate of title of the )ro)erty he had )urchased to the
effect that the sale thereof in his favor
was sub.ect to rede,)tion within one year fro, the re(istration
of said certificate of sale$
525F25 the decision a))ealed fro, is affir,ed with costs$
Bengzon, C.J., Padilla, Labrador, Concepcion, Barrera, egala and
!akalintal, JJ., conc"r.
Paredes, J., took no part.
