Facts:
Magdalena
Villasi won in a case against Fil-Garcia Construction, Inc. (FGCI). A Writ of
Execution having been issued in favor of Villasi, the sheriff levied on a
building which was built on a lot registered in the names of spouses Filomeno
Garcia and Ermelinda Halili-Garcia. The Spouses Garcia filed an Affidavit of
Third Party Claim and a Motion to Set Aside Notice of Sale on Execution,
claiming ownership of the land and the building which they merely contracted
with FGCI to construct and which was mistakenly assessed by the City Assessor
in the name of FGCI. The RTC then issued an Order directing the Sheriff to hold
in abeyance the conduct of the sale on execution.
Issue:
Whether
or not the Sale on Execution of the buildings levied upon must be suspended and
held in abeyance on the basis of the respondents' affidavit of third-party
claim.
Ruling:
The
Court ruled that Spouses Garcia failed to present sufficient evidence proving
ownership of the building named under FGCI. The doctrine that accessory follows
the principal is inapplicable in this case “where there is a clear and
convincing evidence to prove that the principal and the accessory are not owned
by one and the same person or entity”. Thus, the Court directed the Deputy
Sheriff to proceed with the conduct of the sale on execution of the levied
building in favour of Villasi.
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