Villarete v. Alta Vista Golf and Country Club, Inc.,

 

Villarete v. Alta Vista Golf and Country Club, Inc.,

G.R. No. 255212

February 20, 2023

 

FACTS:

                On May 13, 2011, then OIC-City Treasurer of Cebu City, Ofelia M. Oliva caused the publication with The Freeman newspaper, a "Notice of Sale of Tax Delinquent Properties" which includes, among others Lot No. 4 PSU-192448, covered by OCT No. 0-251 registered in the name of Heirs of Benigno Sumagang. Plaintiff-Appellee Alta Vista participated in the auction sale held on May 27, 2011, and secured the winning bid over Lot No. 4 PSU-192448, in the amount of PhP295,994.89. After payment of the bid amount, the corresponding official receipt and Certification of Sale of Delinquent Property were issued to Alta Vista. Anita Sumagang, one of the Heirs of Benigno Sumagang wrote a letter to then OIC-City Treasurer Ofelia N. Oliva. In a letter dated May 23, 2011 (year mistakenly indicated as 2011, should have been 2012), Oliva advised the Heirs of Benigno Sumagang to redeem the subject lot on or before May 28, 2011 (mistakenly indicated as 2011, should have been 2012), and required documents to show proof of the legal personality or identity of Anita Sumagang as one of the Heirs of Benigno Sumagang. On May 28, 2012, Anita Sumagang went to the Office of the City Treasurer with sufficient cash to pay the redemption price, interest, and other charges. The tender of payment, however, was not accepted by Arnold Binondo, the personnel-in-charge of the Real Property Tax Division, for failure of Anita Sumagang to bring with her documents proving her identity as an heir of Benigno Sumagang. On May 30, 2012, Anita Sumagang went back to the Office of the City Treasurer bringing with her, proof of her identity, as one of the Heirs of Benigno Sumagang, and she was allowed to redeem the subject lot. On June 4, 2012, a Certificate of Redemption dated June 4, 2012 was issued in favor of the Heirs of Benigno Sumagang. A Notice of Redemption similarly dated, was issued to Alta Vista, requiring it to surrender the Certificate of Sale previously issued in its favor. Alta Vista, in a letter dated June 22, 2012, replied, pointing out that the redemption made by the Heirs of Benigno Sumagang was invalid as it was made beyond the one year redemption period. Alta Vista demanded from the Office of the City Treasurer to cancel the Certificate of Redemption in favor of the Heirs of Benigno Sumagang. On October 11, 2012, Emma Villarete, the sitting City Treasurer at that time, denied Alta Vista's demand for the issuance of the final Deed of Conveyance. Alta Vista filed a Petition for Mandamus and Damages before the Regional Trial Court of the City of Cebu, docketed as Civil Case No. Ceb-39242.

 

ISSUE:

                Whether the CA erred when it refused to uphold the liberal policy of petitioner in the application of the redemption period.

 

HELD:

                Yes. In the present case, Anita gave notice to the City Treasurer of Cebu as early as May 22, 2012 that she intended to redeem the subject property. On May 28, 2012, or on the last day of the redemption period, Anita was ready to pay the full amount in cash, but was turned down by the Real Property Tax Division of the City of Cebu simply because she was unable to bring with her a written document that would prove her identity as an heir of Benigno — a document she was in fact able to bring just two (2) days after. These circumstances show that there was an earnest and sincere effort to tender payment and exercise the right to redeem on Anita's part. Indeed, as Anita presented the document to show her right to redeem two (2) days thereafter, or on May 30, 2012, and paid the full amount of the redemption price, including the two percent (2%) interest for every month as well as the expenses of the sale, this should be looked upon with favor. Petitioner should not be faulted in its liberal application of redemption rules and allowing the heirs to redeem the property, especially considering that they have been residing therein ever since Benigno was issued a title over the lot.To stress, where the redemptioner has chosen to exercise the right of redemption, it is the policy of the law to aid rather than to defeat such right.