THIRD THELMA B. SIAN REPRESENTED BY ROMUALDO A. SIAN, PETITIONER, VS. SPOUSES CAESAR A. SOMOSO AND ANITA B. SOMOSO, THE FORMER BEING SUBSTITUTED BY HIS SURVIVING SON, ANTHONY VOLTAIRE B. SOMOSO, MACARIO M. DE GUZMAN, JR., IN HIS CAPACITY AS SHERIFF III OF THE REGIONAL COURT OF PANABO, DAVAO, BRANCH 4, RESPONDENTS. G.R. No. 201812, January 22, 2020
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The remedies of a third-party claimant under Section 16 of Rule 39 of the Rules of Court is further explained by Justice Florenz D. Regalado in this wise:
The remedies of a third-party claimant mentioned in Section 16, Rule 39 of the Rules of Court, that is, a summary hearing before the court which authorized the execution, or a "terceria" or third-party claim filed with the sheriff, or an action for damages on the bond posted by the judgment creditor, or an independent revindicatory action, are cumulative remedies and may be resorted to by a third-party claimant independently of or separately from and without need of availing of the others. If he opted to file a proper action to vindicate his claim of ownership, he must institute an action, distinct and separate from that in which the judgment is being enforced, with a competent court even before or without filing a claim in the court which issued the writ, the latter not being a condition sine qua non for the former. This proper action would have for its object the recovery of ownership or possession of the property seized by the Sheriff, as well as damages against the sheriff and other persons responsible for the illegal seizure or detention of the property. The validity of the title of the third-party claimant shall be resolved in said action and a writ of preliminary injunction may be issued against the sheriff. (Florenz D. Regalado, REMEDIAL LAW COMPENDUM, Vol. 1, 1999 Ed., pp. 445-446, citing Sy v. Discaya, 260 Phil. 401 ).
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