CRYSTAL vs. CA - G.R. No. L-35767

RAYMUNDO A. CRYSTAL vs. CA and PELAGIA OCANG DE GRACIA, et al

G.R. No. L-35767         June 18, 1976

The Supreme Court, in its decision of 25 February 1975, affirmed the decision of the Court of Appeals, holding that Raymundo Crystal’s redemption of the property acquired by Pelagia Ocang, Pacita, Teodulo, Felicisimo, Pablo, Lydia, Dioscoro and Rodrigo, all surnamed de Garcia, was invalid as the check which Crystal used in paying the redemption price has been either dishonored or had become stale (Ergo, the value of the check was never realized). Crystal filed a motion for reconsideration.

ISSUE: Whether or not the conflicting circumstances of the check being dishonored and becoming stale affect the validity of the redemption sale.

HELD: For a check to be dishonored upon presentment and to be stale for not being presented at all in time are incompatible developments that have variant legal consequences. If indeed the questioned check was

dishonored, the redemption was null and void. If it had only become state, it becomes imperative that the

circumstances that caused its non-presentment be determined, for if it was not due to the fault of the drawer, it would be unfair to deprive him of the rights he had acquired as redemptioner. Herein, it appears that there is a strong showing that the check was not dishonored, although it became stale, and that Pelagia Ocang had actually been paid the full value thereof. The Supreme Court, thus, reconsidered its decision and remanded the case to the trial court for further proceedings.