This case has been cited 1 times or more.
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2005-12-09 |
AUSTRIA-MARTINEZ, J. |
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| The Court of Appeals erred in granting the appeal and denying the Petitioner's Motion for Reconsideration and in ordering the RTC of Tagum, Davao . . ."to REINSTATE the plaintiffs-appellants' complaint, and to proceed with the trial of the same . . ," because this is not accord with the applicable decisions of the Supreme Court and this is tantamount to allowing the RTC, Branch 2 of Tagum (now Tagum City), Province of Davao del Norte to interfere with the levy on attachment and levy on execution of the interests of Eleanor Valle Siapno in the assets of the estate of her late father, of the Deputy Sheriff of the RTC, Branch 14 in the City of Davao, which is a coordinate court.[12] In their Comment, respondents contend that: the Waiver is not the waiver contemplated by Article 1051 of the Civil Code; the document is in fact an acknowledgment of the extent of her hereditary rights and interest to the estate of Eleanor's deceased father; Eleanor has not actually repudiated her inheritance but had actually accepted the same and waived its enjoyment in exchange of a monetary consideration which she had already received long before the execution of the Waiver; the fact that Eleanor is adjudged as a judgment debtor of petitioner does not justify the subsequent levy and auction sale of the properties wherein the judgment debtor has a right or interest on, using Rule 39 of the Rules of Court; the right of heirs to specific distributive shares of inheritance does not become finally determinable until all the debts of the estate are paid, per Jimoga-on vs. Belmonte;[13] until then their rights are inchoate and cannot be enforced, subject to the existence of a residue after payment of the debts; the heirs have yet no absolute dominion over any particular and definite property in the estate of the decedent which can be specifically attached, levied and sold; Section 7(f), Rule 57 of the Rules of Court requires that the attachment of the interest of the party against whom attachment is issued in property belonging to the estate of the decedent is effected by service of said writ of attachment and notice to the executor or administrator or other personal representative, and, by filing a copy thereof in the Office of the Clerk of Court in which the estate is being settled; the attachment and levy were not properly registered or annotated in the certificate of title; the obligation of Eleanor or the judgment against her was not known to them prior to the execution of the Waiver; the reinstatement of the complaint before the RTC, Branch 2, Tagum, Davao City does not interfere with the judgment of RTC, Branch 14, Davao City; the complaint in Branch 2 does not seek the reversal of the judgment of Branch 14; what is prayed for in respondents' complaint is the invalidation of the act of the Sheriff in selling the real properties of the decedent, Victorio Valle; it appears in the "Sheriff's Provisional Certificate of Sale" that he "sold at public auction the said real properties to the highest bidder;" RTC, Branch 2, Tagum, Davao City has jurisdiction to nullify the auction sale of the sheriff and therefore the CA did not err when it ordered the reinstatement of respondents' complaint.[14] | |||||