SIARI VALLEY ESTATES, INC. vs. FILEMON LUCASAN, ET AL.

G.R. No. L-1328; August 31, 1960

Bautista Angelo, J.

Facts:
The Court of First Instance of Zamboanga del Norte rendered a decision ordering Filemon Lucasan to deliver to Siari
Valley Estates, Inc. the cattle inside the former's pasture or pay its value. The decision was affirmed by the Supreme
Court and became final and executory. In carrying out with the judgement, the sheriff proceeded to levy on certain
parcels of lands belonging to Lucasan which was sold in a public bidding where Siari Valley became the highest
bidder. The property levied on execution by the sheriff to satisfy the judgment merely described the property as
unregistered land and the same was registered under Act 3344 in the office of the register of deeds. It also appears that
in the notice of sale the property was merely described according to the boundaries and area appearing in the tax
declaration and not according to what appears in the certificate of title. Lucasan filed an opposition alleging that he
was in possession of one of the parcels of land sold which he has erected a house and which he has extra judicially
constituted as a family home. The Court allowed Siari Valley to take possession of all lands sold, with the exception
of parcel 1 on which the family home was constituted, holding that the levy and sale made by the sheriff with regard
to said parcel were not made in accordance with law and so are null and void.

Issue:
Whether or not the levy made by the sheriff on parcel 1 is valid.

Held:
No. The rule provides that real property shall "be levied on in like manner and with like effect as under an order of
attachment" (Section 14, Rule 39), and the provision regarding attachment of real property postulates that the
attachment shall be made "by filing with the register of deeds a copy of the order, together with the description of the
property attached, and a notice that it is attached, and by leaving a copy of said order, description, and notice with the
occupant of the property, if any there be," and that "Where the property has been brought under the operation of the
Land Registration Act, the notice shall contain a reference to the number of the certificate of title and the volume and
page in the registration book where the certificate is registered" (Section 7 [a], Rule 59).

Since the notice of levy made by the sheriff as regards parcel number 1 which is a registered land contains no reference
to the number of its certificate of title and the volume and page in the registry book where the title is registered, it
follows that said notice is legally ineffective and as such did not have the effect of binding the property for purposes
of execution. Consequently, the sale carried out by virtue of said levy is also invalid and of no legal effect.