Vilanueva v Malaya

330 SCRA 278

April 12, 2000

Note: read on right of redemption

Facts: In civil case R-570 (Irene Villanueva v Raul Santos) , a writ of execution on the subject
property was made. Erlinda Villanueva, legally adopted daughter of Irene, together w/brother Jose
sought to cancel the Deed of Sale (DOS) on the property w/Raul Santos. A TRO was issued, directing
sheriff to desist from proceeding with the public auction in R-570, but it was not enforced. The land
was successfully bought by Ruben Sia. Erlinda tendered cashiers check to Sia who refused to accept
the same bc he wanted to consult w/lawyer first. Meanwhile, Erlinda executed two DOS in favour of
the lessees on the subject land, on the condition that she redeems the property from Sia. Sia asked
for a Definite DOS and ex parte Writ of Possession, contending that the period for exercising the
right of redemption has already expired. It was granted to him by Judge Angel S. Malaya.

Issue: WON the right to due process of the petitioner-lessees was violated

Ruling: Yes, the writ of possession may only be issued after the occupants (lessees) are afforded an
opportunity to be heard without need of a separate action. Also, Erlinda have exercised her right of
redemption before the period has expired, by tendering the cashiers checks and submitting the
redemption price to the court.