Friday, August 24, 2012

JUSTICE MARTIN VILLARAMA, JR.: EXECUTION OF JUDGMENTS FOR MONEY


Section 31, Rule 39 of the Rules of Court then applicable provides:SEC. 31. Effect of redemption by judgment debtor, and a certificate to be delivered and recorded thereupon. To whom payments on redemption made.—If the judgment debtor redeem, he must make the same payments as are required to effect a redemption by a redemptioner, whereupon the effect of the sale is terminated and he is restored to his estate, and the person to whom the payment is made must execute and deliver to him a certificate of redemption acknowledged or approved before a notary public or other officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the office of the registrar of deeds of the province in which the property is situated, and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale. The payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner, or for him to the officer who made the sale” (Emphasis supplied). (Sps. Francisco D. Yap & Whelma S. Yap vs. Sps. Zosimo Dy, Jr. & Natividad Chiu Dy, G.R. No. 171868, July 27, 2011, VILLARAMA, JR., J.).

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