Padilla: Before we consolidate the ownership of the winning party, because the owner failed to pay

its obligation to the coop, the property will be levied. So the property is now under a civil case.
Sheriff will auction it publicly. The sheriff will then issue a certificate of sale naming the highest
bidder. That is involuntary transaction, thus no need to surrender owner’s duplicate us required. But
if there is failure to redeem within 1 year, ownership will be consolidated in favor of the winning
bidder. Thus, 1) compel first the surrender of owner's duplicate copy of the title via petition in court
for such surrender and 2) if there is failure to surrender, then winning bidder will now ask the court
to declare the unsurredered owner's duplicate copy as null and void and issue him (winning bidder) a
new one. Toledo-Banaga: Here, the ownership issue was already adjudicated by the court. No need
to require the surrender owner’s certificate for purposes of consolidation of ownership in favor of the
winning party. Bec if we require that, that will render nugatory the decision of the court which had
already become final. Thus, RD should not require the surrender. When to apply Toledo-Banaga: If
three are present: 1) The case should involve ownership of the land subject of action 2) The
registered owners should be a party to the case. 3) The judgment of the court should be final and
executory. When to apply Padilla: Check if the case does not involve ownership of the land. Here, it
was for a collection of sum of money. So use the procedure in Art. 107 in relation to Art. 75 of PD
1529.

Villaflor case: So if the issue in the civil case is the same as the claim in the adverse claim, there is no
need of court hearing to cancel the adverse claim.

Valderama: There has to be a court hearing first before the adverse claim could be cancelled because
the civil case has not been ruled with finality. Here, the same ang issue in civil case and claim in
adverse claim. But why was Villaflor not applied? Because there was no final judgment yet in the civil
case.

Villaflor case: So if the issue in the civil case is the same as the claim in the adverse claim, there is no
need for court hearing to cancel the adverse claim, PROVIDED there is already finality of judgment in
the civil case.