josef vs santos

ALBINO JOSEF vs. OTELIO SANTOS

G.R. No. 165060
November 27, 2008

Facts:
          In Civil Case No. 95-110-MK, Petitioner Albino Josef was the defendant, which is a case for collection of sum of money filed by herein respondent Otelio Santos, who claimed that petitioner failed to pay the shoe materials which he bought on credit from respondent on various dates in 1994. After trial, the Regional Trial Court of Marikina City found petitioner liable to respondent. Petitioner appealed to the Court of Appeals, which affirmed the trial court’s decision in Toto. Petitioner filed before this Court a petition for review on certiorari, but it was dismissed in a Resolution dated February 18, 2002. The Judgment became final and executory on May 21, 2002.

          A writ of execution was issued on August 20, 2003 and enforced on August 21, 2003. On August 29, 2003, certain personal properties subjects of the writ of execution were auctioned off. Thereafter, a real property located at Marikina City was sold by way of public auction to fully satisfy the judgment credit.

          On November 5, 2003, petitioner filed an original petition for certiorari with the Court of Appeals, questioning the sheriff’s levy and sale of the abovementioned personal and real properties. Petitioner claimed that the personal properties did not belong to him but to his children; and that the real property was his family home thus exempt from execution.

Issue:
          Whether or not the levy and sale of the personal belongings of the petitioner’s children as well as the attachment and sale on public auction of his family home to satisfy the judgment award in favor of respondent is legal.

Ruling:
          The Supreme Court held that the family home is the dwelling place of a person and his family, a sacred symbol of family love and repository of cherished memories that last during one’s lifetime. It is the sanctuary of that union which the law declares and protects as a sacred institution; and likewise a shelter for the fruits of that union. It is where both can seek refuge and strengthen the tie that binds them together and which ultimately forms the moral fabric of our nation. The protection of the family home is just as necessary in the preservation of the family as a basic social institution, and since no custom, practice or agreement destructive of the family shall be recognized or given effect, the trial court’s failure to observe the proper procedures to determine the veracity of petitioner’s allegations, is unjustified.

          The same is true with respect to personal properties levied upon and sold at auction. Despite petitioner’s allegations in his Opposition, the trial court did not make an effort to determine the nature of the same, whether the items were exempt from execution or not, or whether they belonged to petitioner or to someone else.

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