ARTATES YS. URBII37 SCRA 395, No. L-2942I , January 30, 1971

FACTS:A homestead patent was issued to appellants Lino Artates and Manuela Pojas on September 23, 1952. Itwas sold at a public auction to Marcela Soliven by the Provincial Sheriff of Cagayan to satisfy a judgmentagainst Lino Artates by the Justice of the Peace of Calanlugan, Cagayan for physical injuries inflicted byhim upon Daniel Urbi on October 21, 1955. The appellants Artates and Pojas alleged that the saleviolated the provision of Public Land Law exempting said property from execution for any "debtcontracted within 5 years from date of the issuance of the patent.Appellants prayed that the execution sale of the land to the defendant Urbi, as well as the deed of saleexecuted by the latter in favor of the defendant Soliven be declared null and void.

ISSUE:Whether or not the purchaser Marcela Soliven has acquired an absolute ownership or title in fee over theland.

HELD:No. The execution sale being null and void, the possession of the land should be returned to theowners, the herein appellants. There would even no need to order appelleeUrbi to execute a deed ofreconveyance thereof to the owners. It appears that what was issued here to the judgment creditor orpurchaser was only the sheriff's provisional certificate, under which he derived no definite title or rightuntil the period made, or issuance of a final deed or certificate of sale. In other words, the purchaserherein has not acquired an absolute ownership or title in fee over the land that would necessitate a deedof reconveyance to revert ownership backto appellant spouses.