Dizon vs DizonGR No.

156539, 5 September 2007

FACTS:
Petitioner Domingo Dizon purchased from his nephew, herein
respondent Elpidio Dizon ahouse and lot located in Tondo, Manila.
Respondent failed to deliver the house and lot to petitioner. Co-owner
of the lot, respondents brother Ricardo, did not give said respondent
a written authority to sell his share. Petitioner then filed with the
RTC a complaint for specific performance and sum of money with
damages against respondent. RTC rendered a decision rescinding the
contract between the parties. The trial court issued a writ of execution
implemented by sheriff Cesar Cabildo, who then scheduled the auction
sale of respondents properties. Petitioners attorney-in-fact as well
as respondent and counsel participated. Petitioner was the highest
bidder having offered P180,000.00. In the afternoon of said auction
date, the sheriff went to respondents house and showed
SupplementalMinutes on Sheriffs Sale offering a new bid at
P1,690,074.41 in lieu of the earlier bid. Respondent refused to sign
contending that it would be difficult for him to redeem the property
and besides, the auction sale had already been perfected and the
subsequent sale is a new or second sale. He moved to quash the
minutes but the trial court denied the motion. His MR was also denied.
On petition for certiorari and prohibition before the CA, it granted the
petition and set aside the questioned orders.
ISSUE:
Has petitioner the option to amend his bid being the highest bidder to
conform to the amounts awarded in his favor by the trial court?
HELD.
No. Article 1476 (2) of the Civil Code provides: xxx (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. During the public auction
conducted, which began at 10:25 AM and ended at 10:45 AM, the
sheriff declared petitioner as the highest bidder. Considering that the
auction sale had already been perfected, a supplemental sale with the
higher consideration at the instance of only one party could no longer
be validly executed. CA affirmed; petition denied