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    24 - Domingo A. David Vs Elpidio R. David GR No 156539, September 5, 2007

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    Ron Ace
    This case digest summarizes a Supreme Court case regarding the sale of property by auction. The key ruling was that once an auction sale is perfected by the fall of the hammer or other announcement, the sale is complete and the highest bid cannot later be amended to a higher amount. Specifically, the petitioner was declared the highest bidder at an auction for P180,000, and the sale was perfected. Later, the sheriff tried to get the parties to sign supplemental minutes increasing the bid to over P1 million, but the court ruled this secondary sale was invalid since the original auction sale was already perfected at the lower bid amount.

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    © All Rights Reserved
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    24 - Domingo A. David Vs Elpidio R. David GR No 156539, September 5, 2007

    Uploaded by

    Ron Ace
    63 views3 pages
    This case digest summarizes a Supreme Court case regarding the sale of property by auction. The key ruling was that once an auction sale is perfected by the fall of the hammer or other announcement, the sale is complete and the highest bid cannot later be amended to a higher amount. Specifically, the petitioner was declared the highest bidder at an auction for P180,000, and the sale was perfected. Later, the sheriff tried to get the parties to sign supplemental minutes increasing the bid to over P1 million, but the court ruled this secondary sale was invalid since the original auction sale was already perfected at the lower bid amount.

    Original Title

    24- Domingo A. David vs Elpidio R. David GR No 156539, September 5, 2007

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    This case digest summarizes a Supreme Court case regarding the sale of property by auction. The key ruling was that once an auction sale is perfected by the fall of the hammer or other announcement, the sale is complete and the highest bid cannot later be amended to a higher amount. Specifically, the petitioner was declared the highest bidder at an auction for P180,000, and the sale was perfected. Later, the sheriff tried to get the parties to sign supplemental minutes increasing the bid to over P1 million, but the court ruled this secondary sale was invalid since the original auction sale was already perfected at the lower bid amount.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    63 views3 pages

    24 - Domingo A. David Vs Elpidio R. David GR No 156539, September 5, 2007

    Uploaded by

    Ron Ace
    This case digest summarizes a Supreme Court case regarding the sale of property by auction. The key ruling was that once an auction sale is perfected by the fall of the hammer or other announcement, the sale is complete and the highest bid cannot later be amended to a higher amount. Specifically, the petitioner was declared the highest bidder at an auction for P180,000, and the sale was perfected. Later, the sheriff tried to get the parties to sign supplemental minutes increasing the bid to over P1 million, but the court ruled this secondary sale was invalid since the original auction sale was already perfected at the lower bid amount.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    CASE DIGEST

    https://www.moodyonthemarket.com/michigan-treasury-holds-unclaimed-property-auction-this-
    weekend/

    Submitted by:

    Jacquilou G. Macasero
    JD2
    Liceo de Cagayan University

    Submitted to:

    Atty. Bonna E. Lora-Soriano


    Professor, Civil Law-Sales
    Case Topic: Sale by Auction

    Case Doctrine:

    Article 1476, paragraph 2 of the Civil Code provides:

    Article 1476. In the case of a sale by auction:

    (2) A sale by auction is perfected when the auctioneer announces its perfection by the
    fall of the hammer, or in other customary manner. Until such announcement is made,
    any bidder may retract his bid; and the auctioneer may withdraw the goods from the
    sale unless the auction has been announced to be without reserve.

    CASE DIGEST

    DOMINGO A. DIZON, Petitioner


    versus
    ELPIDIO R. DIZON, Respondent

    G. R. No. 156539 September 5, 2007

    Ponente: Justice Sandoval-Gutierrez

    Facts:

    Domingo A. Dizon (Domingo) purchased a house and lot located on Limay St.,
    Tondo, Manila from his nephew, Elpidio R. Dizon (Elpidio). Elpidio, however, did
    not perform his part of the obligation by failing to deliver the house and lot to
    Domingo. It appears that Elpidio’s brother, Ricardo, who is a co-owner of the lot, did
    not give his written authority to sell his 1/2 share. Consequently, Domingo-petitioner
    filed with the Regional Trial Court(RTC), Branch 41, Manila, a complaint for specific
    performance and sum of money with damages against Elpidio, herein respondent.

    RTC rendered a decision rescinding the the Contract of Sale entered by the parties and
    ordering respondent to pay petitioner sum of money with damages.

    RTC issued a Writ of Execution implemented by sheriff Cesar Cabildo who scheduled
    the auction sale of respondent’s properties for the satisfaction of the judgement.
    Petitioner’s attorney-in-fact participated in the auction sale as well as the respondent
    and his counsel. Petitioner emerged as highest bidder of the said auction sale having
    offered P180,000.00 for the two parcels of land which were attached by the sheriff.
    The said proceeding, having been completed, was recorded in the Minutes of The
    Sheriff’s Sale signed by both parties and their counsels. However, in the afternoon of
    the same day, sheriff approached respondent asking him to agree and sign the
    Supplemental Minutes on Sheriff’s Sale indicating a new bid of the two parcels of lot
    amounting to P1,690,074.41 instead of the agreed amount of P180,000.00 to which
    the respondent refused as it would then be difficult for him to redeem said property.
    Respondent filed a Motion to Quash the Supplemental Minutes of the Sheriff’s Sale
    which was denied by by the RTC.
    Issue:

    Whether or not the petitioner, being the highest bidder of the said auction sale, has the
    option to amend his bid in order to conform to the amount awarded in his favor by the
    trial court.

    Ruling:

    No. Article 1476, paragraph 2 of the Civil Code provides:

    Article 1476. In the case of a sale by auction:

    (2) A sale by auction is perfected when the auctioneer announces its perfection by the
    fall of the hammer, or in other customary manner. Until such announcement is made,
    any bidder may retract his bid; and the auctioneer may withdraw the goods from the
    sale unless the auction has been announced to be without reserve.

    The public auction held on April 3, 1997 which ended at 10:25 a.m., declared the
    petitioner as the highest bidder having offered the amount of P180,000.00 for the
    property. Considering that this has been perfected already, the supplemental sale with
    higher consideration at the instance of the same party could no longer be validly
    executed.

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