RULE 39 (CONT.

)
SECTIONS 25-36
SECTION 25 - CONVEYANCE OF REAL PROPERTY; CERTIFICATE THEREOF
GIVEN TO PURCHASER AND FILED WITH REGISTRY OF DEEDS
Upon a sale of real property, the officer must give to the purchaser a
certificate of sale containing:
 (a) A particular description of the real property sold;
 (b) The price paid for each distinct lot or parcel;
 (c) The whole price paid by him ;
 (d) A statement that the right of redemption expires one (1) year from
the date of the registration of the certificate of sale.
Such certificate must be registered in the registry of deeds of the place
where the property is situated.
SECTION 26 - CERTIFICATE OF SALE WHERE PROPERTY CLAIMED BY
THIRD PERSON

When a property sold by virtue of a writ of execution has

been claimed by a third person, the certificate of sale to
be issued by the sheriff pursuant to section 23, 24 and 25
of this Rule shall make express mention of the existence
of such third-party claim.
SECTION 27 - WHO MAY REDEEM REAL PROPERTY SO SOLD
Real property sold as provided in the last preceding section, or
any part thereof sold separately, may be redeemed in the manner
hereinafter provided, by the following persons:
 (a) The judgment obligor, or his successor in interest in the
whole or any part of the property;
 (b) A creditor having a lien by virtue of an attachment, judgment
or mortgage on the property sold, or on some part thereof,
subsequent to the lien under which the property was sold. Such
redeeming creditor is termed a redemptioner.
 SECTION 28 - TIME AND MANNER OF, AND AMOUNTS PAYABLE ON,
SUCCESSIVE REDEMPTIONS; NOTICE TO BE GIVEN AND FILED
The judgment obligor, or redemptioner, may redeem the property
from the purchaser, at any time within one (1) year from the date of
the registration of the certificate of sale, by paying the purchaser the
amount of his purchase, with one per centum per month interest
thereon in addition, up to the time of redemption, together with the
amount of any assessments or taxes which the purchaser may have
paid thereon after purchase, and interest on such last named amount
at the same rate; and if the purchaser be also a creditor having a prior
lien to that of the redemptioner, other than the judgment under which
such purchase was made, the amount of such other lien, with interest.
 SECTION 28 - TIME AND MANNER OF, AND AMOUNTS PAYABLE ON,
SUCCESSIVE REDEMPTIONS; NOTICE TO BE GIVEN AND FILED
Property so redeemed may again be redeemed within sixty (60) days after the last
redemption upon payment of the sum paid on the last redemption, with two per
centum thereon in addition, and the amount of any assessments or taxes which the
last redemptioner may have paid thereon after redemption by him, with interest on
such last-named amount, and in addition, the amount of any liens held by said last
redemptioner prior to his own, with interest. The property may be again, and as
often as a redemptioner is so disposed, redeemed from any previous redemptioner
within sixty (60) days after the last redemption, on paying the sum paid on the last
previous redemption, with two per centum thereon in addition, and the amounts of
any assessments or taxes which the last previous redemptioner paid after the
redemption thereon, with interest thereon, and the amount of any liens held by the
last redemptioner prior to his own, with interest.
 SECTION 28 - TIME AND MANNER OF, AND AMOUNTS PAYABLE ON,
SUCCESSIVE REDEMPTIONS; NOTICE TO BE GIVEN AND FILED

Written notice of any redemption must be given to the officer

who made the sale and a duplicate filed with the registry of
deeds of the place, and if any assessments or taxes are paid by
the redemptioner or if he has or acquires any lien other than
that upon which the redemption was made, notice thereof
must in like manner be given to the officer and filed with the
registry of deeds; if such notice be not filed, the property may
be redeemed without paying such assessments, taxes, or liens.
 SECTION 29 - EFFECT OF REDEMPTION BY JUDGMENT OBLIGOR, AND A
CERTIFICATE TO BE DELIVERED AND RECORDED THEREUPON; TO WHOM
PAYMENTS ON REDEMPTION MADE

If the judgment obligor redeems, he must make the same payments as are
required to effect a redemption by a redemptioner, whereupon, no further
redemption shall be allowed and he is restored to his estate. The person to
whom the redemption payment is made must execute and deliver to him a
certificate of redemption acknowledged 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 registry of deeds of the place 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.
 SECTION 30 - PROOF REQUIRED OF REDEMPTIONER

A redemptioner must produce to the officer, or person from whom

he seeks to redeem, and serve with his notice to the officer a copy of
the judgment or final order under which he claims the right to
redeem, certified by the clerk of the court wherein the judgment or
final order is entered; or, if he redeems upon a mortgage or other
lien, a memorandum of the record thereof, certified by the registrar
of deeds; or an original or certified copy of any assignment necessary
to establish his claim; and an affidavit executed by him or his agent,
showing the amount then actually due on the lien.
SECTION 31 - MANNER OF USING PREMISES PENDING
REDEMPTION; WASTE RESTRAINED
Until the expiration of the time allowed for redemption, the court
may, as in other proper cases, restrain the commission of waste on
the property by injunction, on the application of the purchaser or
the judgment obligee, with or without notice; but it is not waste for
a person in possession of the property at the time of the sale, or
entitled to possession afterwards, during the period allowed for
redemption, to continue to use it in the same manner in which it
was previously used; or to use it in the ordinary course of
husbandry; or to make the necessary repairs to buildings thereon
while he occupies the property.
SECTION 32 - RENTS, EARNINGS AND INCOME OF PROPERTY
PENDING REDEMPTION

The purchaser or a redemptioner shall not be entitled to receive

the rents, earnings and income of the property sold on execution,
or the value of the use and occupation thereof when such
property is in the possession of a tenant. All rents, earnings and
income derived from the property pending redemption shall
belong to the judgment obligor until the expiration of his period
of redemption.
SECTION 33 - DEED AND POSSESSION TO BE GIVEN AT EXPIRATION
OF REDEMPTION PERIOD; BY WHOM EXECUTED OR GIVEN

If no redemption be made within one (1) year from the date of

the registration of the certificate of sale, the purchaser is entitled
to a conveyance and possession of the property; or, if so
redeemed whenever sixty (60) days have elapsed and no other
redemption has been made, and notice thereof given, and the
time for redemption has expired, the last redemptioner is entitled
to the conveyance and possession; but in all cases the judgment
obligor shall have the entire period of one (1) year from the date
of the registration of the sale to redeem the property.
SECTION 33 - DEED AND POSSESSION TO BE GIVEN AT EXPIRATION
OF REDEMPTION PERIOD; BY WHOM EXECUTED OR GIVEN
The deed shall be executed by the officer making the sale or by
his successor in office, and in the latter case shall have the same
validity as though the officer making the sale had continued in
office and executed it. Upon the expiration of the right of
redemption, the purchaser or redemptioner shall be substituted
to and acquire all the rights, title, interest and claim of the
judgment obligor to the property as of the time of the levy. The
possession of the property shall be given to the purchaser or last
redemptioner by the same officer unless a third party is actually
holding the property adversely to the judgment obligor.
 OKABE V. SATURNINO (G.R. NO. 196040, AUGUST 26, 2014)
 Subject is a real property located in Brgy. San Antonio, Makati City, mortgaged for the loan
Saturnino (respondent) obtained from PNB, but due to failure to settle their loan, PNB
extrajudicially foreclosed the mortgage. (1994)
 Considering that the property was not redeemed during the redemption period, a new TCT was
issued in favor of PNB, and without taking possession of the property, it was sold to Okabe
(petitioner) and was issued on petitioner’s name. (2008)
 On November 27, 2008, petitioner filed with the Regional Trial Court (RTC) of Makati City an
Ex-Parte Petition for Issuance of Writ of Possession over the subject property, to which
respondent submitted an Opposition with Motion to Dismiss.Petitioner filed her Reply to/
Comment on the Opposition with Motion to Dismiss,5 while respondent submitted his
Oppositor-Movant’s Rejoinder with Motion for Postponement.
 On April 30 2009, the RTC issued an Order denying respondent’s Opposition with Motion to
Dismiss for lack of merit.
OKABE V. SATURNINO (G.R. NO. 196040, AUGUST 26, 2014)

 Respondent then filed an Urgent Motion for Clarification (of the Order dated 30
April 2009), then a Motion for Reconsideration, which was followed by a Supplement
to the Motion for Reconsideration which petitioner likewise opposed.
 On July 29, 2009, the RTC issued an Order denying respondent’s Motion for
Reconsideration and the Supplement to the Motion for Reconsideration. The RTC
ruled, among other things, that the right of the petitioner to be placed in absolute
possession of the subject property was a consequence of her right of ownership and
that petitioner cannot be deprived of said possession being now the registered
owner of the property.
 Respondent filed a motion to set aside decision, but it was denied by the RTC. On
the other hand, petitioner filed a motion for Execution of Judgment and was granted
by the court.
OKABE V. SATURNINO (G.R. NO. 196040, AUGUST 26, 2014)
 In the proceedings before the CA, respondent filed a Motion to Admit Herein
Memorandum of Authorities in Amplification/Support of the Position of
Petitioner in this Case and Reiterating Prayer for Issuance of a Temporary
Restraining Order and/or Writ of Preliminary Injuction. In the said motion,
respondent alleged that the RTC was about to issue the writ of possession
prayed for by the petitioner and that a TRO was necessary to prevent great
and irreparable injury which respondent may suffer if removed from
possession of the property in question.
 On July 19, 2010, the CA issued a Resolution granting the issuance of a TRO in
favor of the respondentand commanding petitioner and the RTC to refrain
from committing any acts relative to the proceedings before it upon the
posting of a bond.
OKABE V. SATURNINO (G.R. NO. 196040, AUGUST 26, 2014)

 The CA opined, among other things, that although it may be true that by virtue of
the contract of sale, petitioner obtained the same rights of a purchaser-owner and
which rights she derived from erstwhile mortgagee turned owner PNB, this does not
mean that the right to file an ex-parte motion for a writ of possession under Act
3135 had also been transferred to the petitioner. Such a special right is granted only
to purchasers in a sale made under the provisions of Act 3135.
 Considering that the transaction between PNB and the petitioner was by an ordinary
contract of sale, an ex-parte writ of possession may not therefore be issued in favor
of the latter.
OKABE V. SATURNINO (G.R. NO. 196040, AUGUST 26, 2014)

ISSUE: Whether or not an ex-parte petition for

the issuance of a writ of possession was the
proper remedy of the petitioner in obtaining
possession of the subject property.
 OKABE V. SATURNINO (G.R. NO. 196040, AUGUST 26, 2014)

 HELD: It is but logical that Section 33, Rule 39 of the Rules of Court be applied
to cases involving extrajudicially foreclosed properties that were bought by a
purchaser and later sold to third-party-purchasers after the lapse of the
redemption period. The remedy of a writ of possession, a remedy that is
available to the mortgagee-purchaser to acquire possession of the foreclosed
property from the mortgagor, is made available to a subsequent purchaser, but
only after hearing and after determining that the subject property is still in the
possession of the mortgagor. Unlike if the purchaser is the mortgagee or a
third party during the redemption period, a writ of possession may issue ex-
parte or without hearing.
OKABE V. SATURNINO (G.R. NO. 196040, AUGUST 26, 2014)

 In other words, if the purchaser is a third party who acquired the

property after the redemption period, a hearing must be conducted to
determine whether possession over the subject property is still with the
mortgagor or is already in the possession of a third party holding the
same adversely to the defaulting debtor or mortgagor. If the property is
in the possession of the mortgagor, a writ of possession could thus be
issued. Otherwise, the remedy of a writ of possession is no longer
available to such purchaser, but he can wrest possession over the
property through an ordinary action of ejectment.
 SECTION 34 - RECOVERY OF PRICE IF SALE NOT EFFECTIVE; REVIVAL
OF JUDGMENT

If the purchaser of real property sold on execution, or his successor in interest:

1. Fails to recover the possession thereof
2. Is evicted in consequence of irregularities in the proceedings concerning the sale,
3. Because the judgment has been reversed or set aside, or because the property
sold was exempt from execution
4. Because a third person has vindicated his claim to the property
 He may on motion in the same action or in a separate action recover
from the judgment obligee the price paid, with interest, or so much
thereof as has not been delivered to the judgment obligor; or he may, on
motion, have the original judgment revived in his name for the whole
price with interest, or so much thereof as has been delivered to the
judgment obligor. The judgment so revived shall have the same force and
effect as an original judgment would have as of the date of the revival and
no more.
SECTION 35 - RIGHT TO CONTRIBUTION OR REIMBURSEMENT

When property liable to an execution against several persons is

sold thereon, and more than a due proportion of the judgment is
satisfied out of the proceeds of the sale of the property of one of
them, or one of them pays, without a sale, more than his
proportion, he may compel a contribution from the others; and
when a judgment is upon an obligation of one of them, as security
for another, and the surety pays the amount, or any part thereof,
either by sale of his property or before sale, he may compel
repayment from the principal.
SECTION 36 - EXAMINATION OF JUDGMENT OBLIGOR WHEN
JUDGMENT UNSATISFIED

When the return of a writ of execution issued against property of a judgment

obligor, or any one of several obligors in the same judgment, shows that the
judgment remains unsatisfied, in whole or in part, the judgment obligee, at any time
after such return is made, shall be entitled to an order from the court which
rendered the said judgment, requiring such judgment obligor to appear and be
examined concerning his property and income before such court or before a
commissioner appointed by it, at a specified time and place; and proceedings may
thereupon be had for the application of the property and income of the judgment
obligor towards the satisfaction of the judgment. But no judgment obligor shall be
so required to appear before a court or commissioner outside the province or
city in which such obligor resides or is found.