Facts:

In the case of Epifanio J. Alano, et al. vs. Court of First Instance of Bulacan (Branch I) and Miguel Campos, the petitioners, Epifanio J. Alano and others, filed a special civil action for certiorari seeking to annul several court orders regarding a mortgage foreclosure dispute with the respondent Miguel Campos. The events began on January 12, 1953, when the Court issued a judgment against the petitioners for failing to answer a foreclosure complaint, ordering them to pay Campos P25,000.00 with interest and attorney's fees within ninety days. Upon their failure to comply, the mortgaged properties were sold at public auction to Campos himself for P10,000.00, a sale confirmed by the court on July 3, 1953. On August 25, 1953, Campos filed an ex-parte motion claiming that, as of June 22, 1953, the total unpaid judgment amount was P32,375.21, and requested an alias writ of execution for properties registered in Alano’s name to satisfy the remaining balance of P22,375.21. On Sept

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Facts:

Background of the Case

• Petitioners, Epifanio J. Alano et al., filed a special civil action of certiorari to annul several orders issued by the Court of First Instance of Bulacan in Civil Case No. 694, a foreclosure suit involving a mortgage executed by the petitioners in favor of respondent Miguel Campos.

Foreclosure Proceedings

• The foreclosure suit proceeded to trial after the petitioners were declared in default for failing to appear and answer the complaint.
• On January 12, 1953, the court rendered a judgment ordering the petitioners to pay respondent Campos P25,000.00 with stipulated interest, 15% attorney's fees, and costs. The court also ordered the sale of the mortgaged properties at public auction if the petitioners failed to pay.

Auction Sale and Deficiency

• The petitioners failed to pay, and the mortgaged properties were sold at public auction to respondent Campos for P10,000.00.
• On July 3, 1953, the court confirmed the auction sale.
• On August 25, 1953, respondent Campos filed an ex-parte motion for an alias writ of execution, claiming a deficiency of P22,375.21 after applying the auction sale proceeds to the judgment.

Issuance of Alias Writ of Execution

• On September 7, 1953, the court granted the motion and issued an alias writ of execution directed to the Provincial Sheriff of Rizal.
• On September 11, 1953, the alias writ was issued.

Motion to Set Aside Alias Writ

• On June 21, 1958, the petitioners filed a motion to set aside the alias writ, arguing that there was no deficiency judgment and that the court lacked jurisdiction to issue the writ.
• On August 1, 1958, the court granted the motion and set aside the alias writ.

Reversal of the Order

• On August 18, 1958, respondent Campos filed a motion for reconsideration, arguing that the court had lost jurisdiction over the case and that the petitioners, having been declared in default, had no standing in court.
• On September 11, 1958, the court reversed its August 1, 1958 order, reinstating the alias writ.
• On September 30, 1958, the court denied the petitioners' motion for reconsideration.

Issue:

1. Whether the respondent court acted without or in excess of its jurisdiction in issuing the alias writ of execution on September 7, 1953.
2. Whether the respondent court acted with grave abuse of discretion in reversing its August 1, 1958 order and reinstating the alias writ on the ground that the petitioners had no standing in court due to their default.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)