- Petitioner
- Domingo A. Dizon
- Respondent
- Elpidio R. Dizon
- Citation
- G.R. No. 156539
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Sandoval-Gutierrez, J.
- Decided
- September 5, 2007
Summary
This case involves a dispute over the validity of a supplemental bid made after completion of an auction sale during execution proceedings. Domingo Dizon purchased property from his nephew Elpidio but the latter failed to deliver due to lack of co-owner's consent. The trial court rescinded the contract and awarded damages. During execution, an auction sale was conducted with Domingo as highest bidder at P180,000.00. After the sale ended, Domingo's counsel made a supplemental bid of P1,690,074.41. The Supreme Court ruled that under Article 1476 of the Civil Code, auction sales are perfected upon announcement by the auctioneer, and subsequent bids cannot modify the perfected sale. The Court affirmed the Court of Appeals' decision setting aside the trial court's validation of the supplemental sale, finding grave abuse of discretion.