G.R. No. L-24699 March 28, 1969
Abiguel Reyes-Gregorio, et al., plaintiffs-appellees, vs. Arsenio Reyes, defendant-appellant.

FACTS

The spouses Dominador Gregorio and Abiguel Reyes borrowed P5,000.00 from the Manila Building and Loan Association, secured by a mortgage on a parcel of land. Due to failure to pay amortizations, the mortgage was extrajudicially foreclosed. The property was sold at public auction on January 5, 1962, to defendant-appellant Arsenio Reyes as the highest bidder for P6,050.00. The certificate of sale provided a redemption period of one year, or not later than January 5, 1963. On January 3, 1963, appellee Abiguel Reyes-Gregorio went to the office of the Provincial Sheriff of Rizal and tendered payment of P6,776.00 for the redemption of the property. The Sheriff received the payment and issued an official receipt on the same date. On April 19, 1963, she demanded from defendant-appellant the execution of a deed of reconveyance, but he refused, claiming the redemption period had already expired. This refusal led to the filing of the present suit.

ISSUE

Whether or not the appellees exercised their right of redemption in the manner provided by law.

RULING

Yes. The Supreme Court affirmed the lower court’s decision, holding that the redemption was timely and in accordance with law. Applying Section 27 of Rule 39 of the Rules of Court, in relation to Act 3135 as amended by Act 4118, the Court ruled that payment of the redemption money may be made “to the purchaser or redemptioner, or for him to the officer who made the sale.” Following the precedent in Enaje vs. Vda. de Escaño, it is the duty of the officer who made the sale to accept the tender of payment if made within the redemption period. Since the tender was made to the Provincial Sheriff on January 3, 1963, within the one-year redemption period ending January 5, 1963, the redemption was valid. The lower court’s judgment was affirmed, with double costs imposed on the appellant.