Case Digest (G.R. No. L-62619)
Facts:
Manuel Ibasco and Edita Tampingco v. Hon. Eduardo P. Caguioa, G.R. No. 62619, August 19, 1986, the Supreme Court Second Division, Paras, J., writing for the Court.Petitioners Manuel Ibasco and Edita Tampingco were lessees of a residential house at No. 12 Tamaraw Street, Marulas, Valenzuela, leased from spouses Anastacio and Asuncion Garcia for a monthly rent of P1,500. The Garcias had mortgaged the property to Banco Filipino Savings and Mortgage Bank (the Bank); because of nonpayment the mortgage was foreclosed and the Bank purchased the property at the foreclosure sale after the redemption period expired. The property was not alleged to have a registered lease, and petitioners asserted they were unaware of the mortgage and foreclosure.
Following the foreclosure sale, the Court of First Instance (Regional Trial Court) of Bulacan, Branch VIII — then presided over by Judge Eduardo P. Caguioa — ordered issuance of a writ of possession in favor of the purchaser. Petitioners were served on December 1, 1982 with the writ, which gave them five days to vacate. They filed a petition for certiorari with the Supreme Court alleging the lower court had abused its discretion in issuing the writ of possession.
The Supreme Court granted the temporary restraining order prayed for and enjoined the sheriff from enforcing the writ. The Court required private respondents to comment; after receiving the comment and petitioners’ reply, the Court gave due course to the petition, treated the comment as the Bank’s answer, and submitted the case for decision. Petitioners argued, inter alia, that (1) Act No. 3135 (governing extrajudicial foreclosure and the issuance of writs of possession) had been impliedly repealed by Batas Pambansa Blg. 2225 (the House Rental Law) [...(Subscriber-Only)
Issues:
- May a mortgagee who forecloses and purchases mortgaged real property obtain a writ of possession against a lessee in actual possession whose lease has not been terminated?
- Was Act No. 3135 impliedly repealed by Batas Pambansa Blg. 25 (the House Rental Law)?
- Is the writ of possession available only in land registration proceedings and not in ext...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)