G.R. No. L-14557 - Alano vs. Court of 1st Instance of Bulacan

Respondent mortgagee, Miguel Campos, filed an ex-parte motion alleging that only a portion of the judgment amount had been satisfied through the sale of the mortgaged properties, leaving a balance unpaid.
Campos requested the issuance of an alias writ of execution to enforce the payment of the remaining balance.
The court granted the motion and issued the alias writ of execution.
Petitioners argue that there was no basis for the order since no deficiency judgment had been rendered in the foreclosure suit.

The court held that the order was valid and within the jurisdiction of the respondent court.
Although the order did not explicitly declare the deficiency or the personal liability of the petitioners, it served as a deficiency judgment within the meaning of the rule.
The purpose of the writ was to satisfy the deficiency claimed by the respondent mortgagee.
The court concluded that there would have been no reason for the issuance of the writ if the alleged deficiency did not exist.

Whether the petitioners regained their standing in court after the respondent mortgagee filed opposition and other pleadings.

The petitioners could not benefit from the waiver because the judgment had already been fully satisfied, depriving the court of jurisdiction.
The motion to set aside the alias writ could not be considered a petition for relief under the rules, as it was filed beyond the prescribed time.

The court held that the petitioners could not benefit from the waiver because the judgment had already been fully satisfied, depriving the court of jurisdiction.
The court also noted that the motion to set aside the alias writ could not be considered a petition for relief under the rules, as it was filed beyond the prescribed time.