Marcelo R. Soriano v. Spouses Ricardo

Summary

This case involves a dispute over the validity of a writ of possession that included land not explicitly mentioned in the original Certificate of Sale. Soriano obtained a civil judgment against the Galit spouses for an unpaid loan secured by real estate mortgage. During execution, the sheriff levied on land and buildings constructed on different land. The Certificate of Sale registered with the Registry of Deeds suspiciously included an entry describing the land where the buildings stood, which was absent in the original certificate filed with the sheriff. The Supreme Court affirmed the Court of Appeals' nullification of the writ of possession, ruling that the intercalation was fraudulent and that buildings can be sold separately from the land under Article 415 of the Civil Code. The decision emphasizes that certificates of sale must accurately reflect what was actually sold during execution proceedings.