Petitioner
Paray
Respondent
Rodriguez
Citation
G.R. No. 132287
Court
Supreme Court
Division
Third Division
Ponente
Tinga, J.
Decided
January 24, 2006

Summary

Respondents pledged shares of stock to secure loans with 5% monthly interest. When they defaulted, petitioners sought foreclosure which was authorized by final RTC judgment. Before the scheduled auction, respondents consigned amounts with court claiming tender to creditors was refused. Despite consignations, auction proceeded with Espeleta bidding P6.2 million for all shares. Court of Appeals nullified auction applying redemption principles. Supreme Court reversed, holding no right of redemption exists over personal property like pledged shares. Consignations were insufficient to cover principal plus accrued interest. The extrajudicial notarial sale was valid under Civil Code provisions governing pledge contracts. The decision clarifies that redemption rights apply only to real property, not personal property sold at auction.

Statutes applied

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