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their deceased father, Eleuterio Etcuban. They were declared co-owners of the
subject property in a dispute filed before CFI Cebu.
Plaintiff assailed the conveyances made by his siblings because he was not
given due notice as a co-owner despite having previously informed them of his
willingness and interest to buy all their respective shares.
It was only during the hearing on Jan 31, 1972 in Civil Case No. BN-87 entitled
Jesus Songolia vs. Domingo Etcuban before the CFI of Cebu that he learned for
the first time of the existence of the 11 Deeds of Sale. Upon verification, only 3 of
his siblings admitting their respective sales. Thus, petitioner filed an action for
legal redemption docketed as Civil Case No. BN 109. On the other hand, private
respondents assert the legality of the sale by claiming that the provisions of the
law on legal redemption have been complied with.
Issue: Whether or not the plaintiff may exercise his right of redemption over the
subject property.
The High Court sustained the exclusive jurisdiction of Judge Cruzs court,
holding that exclusive jurisdiction was vested in Judge Cruzs court. Having
acquired jurisdiction over the first case and rendered judgment that had become
final and executory, it retained jurisdiction over its judgment, to the exclusion of
all other coordinate courts for its execution and incidents thereof. Consequently,
the High Court upheld the validity of the execution sale held on Feb 14, 1967.