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Lichauco vs. Olegario and Olegario 43 Phil. 540, June 20, 1922 Facts

Gregorio Olegario's real properties were attached and advertised for sale due to a writ of execution. Gregorio then sold his right of redemption over the properties to his cousin and brother-in-law Dalmacio Olegario. The plaintiff alleged this sale was fraudulent. The issue was whether an execution debtor could legally sell their right of redemption. The court ruled that an execution debtor is legally authorized to sell their right of redemption, as previous court decisions have established based on provisions of the Code of Civil Procedure regarding redemption rights.

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90 views1 page

Lichauco vs. Olegario and Olegario 43 Phil. 540, June 20, 1922 Facts

Gregorio Olegario's real properties were attached and advertised for sale due to a writ of execution. Gregorio then sold his right of redemption over the properties to his cousin and brother-in-law Dalmacio Olegario. The plaintiff alleged this sale was fraudulent. The issue was whether an execution debtor could legally sell their right of redemption. The court ruled that an execution debtor is legally authorized to sell their right of redemption, as previous court decisions have established based on provisions of the Code of Civil Procedure regarding redemption rights.

Uploaded by

Hazel Lomonsod
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Lichauco vs. Olegario and Olegario 43 Phil.

540 , June 20, 1922

FACTS:

A writ of execution was issued by virtue of which were attached and advertised for sale at
public auction, certain real properties of Gregorio Olegario described in the complaint herein.
Defendant Gregorio Olegario sold to his cousin and brother-in-law Dalmacio Olegario, the other
defendant in this case, his right of redemption over the aforesaid properties, executing the proper
deed of sale, which was registered in the registry on the date of the conveyance. The plaintiff
alleges that this sale is fictitious,—the result of a fraudulent conspiracy between the herein
defendants.

ISSUE:

Whether or not Gregorio Olegario, as an execution debtor, was legally authorized to sell
his right of redemption.

RULING:

YES, Gregorio Olegario, as an execution debtor, was legally authorized to sell his right
of redemption.

The execution debtor may legally sell his right of redemption, as already declared by this
court in repeated decisions based on the precepts contained in sections 463 and 464, and other
sections related thereto, of the Code of Civil Procedure.

The transfer made by the execution debtor of the right of redemption could not, and
cannot, legally affect the plaintiff, nor, therefore, cause him any damage. If he is not affected by
such a transfer, it matters not to him whether it was, or was not, fraudulently executed.

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