Case Digest (G.R. No. 187606)
Facts:
- Norma V. Javate is the petitioner; Renato J. Tiotuico and Lerma C. Tiotuico are the respondents.
- The petitioner mortgaged a 1,000 square meter parcel of land in Mabalacat, Pampanga, to Guagua Rural Bank for a loan.
- The bank foreclosed the mortgage due to the petitioner's non-payment, selling the property at a public auction where the bank was the highest bidder.
- A certificate of sale was issued to the bank, and after the one-year redemption period expired without the petitioner redeeming the property, the bank consolidated ownership and obtained a new title.
- The respondents purchased the property from the bank and received a new title in their names.
- On December 9, 2004, the respondents filed a Petition for the Issuance of a Writ of Possession with the RTC of Angeles City, Pampanga.
- The RTC ruled in favor of the respondents on July 15, 2005, granting the writ.
- The petitioner appealed on August 11, 2005, and the respondents later filed a motion for a writ of possession pending appeal, which the RTC granted on March 28, 2006.
- The petitioner’s motion for reconsideration was denied, leading her to file a petition for certiorari with the CA, which was denied on March 18, 2008.
- The petitioner’s motion for reconsideration was also denied by the CA.
- The petitioner then filed a petition for review on certiorari with the Supreme Court, which was denied on June 8, 2009, for lack of merit, becoming final on October 8, 2009.
- On April 1, 2008, the respondents filed a motion to implement the writ of possession, granted by the RTC on June 27, 2008.
- The petitioner’s motion for reconsideration was denied on August 4, 2008.
- The petitioner filed a special civil action for certiorari with the CA, alleging grave abuse of discretion by the RTC, which was dismissed, leading to the current case.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of the respondents, affirming the decisions of both the Court of Appeals and the Regional Trial Court.
- The Court held that the respondents wer...(Unlock)
Ratio:
- The Court's reasoning was based on legal principles regarding the issuance of a writ of possession after a foreclosure sale.
- It recognized that while subsequent purchasers must follow judicial processes to obtain possession, the respondents were justified in seeking a writ of possession.
- The Court referenced the case of Okabe v. Saturnino, which established that a writ of possession cou...continue reading
Case Digest (G.R. No. 187606)
Facts:
The case involves Norma V. Javate as the petitioner and spouses Renato J. Tiotuico and Lerma C. Tiotuico as the respondents. The events leading to the case began when the petitioner, the owner of a one thousand square meter parcel of land located in Mabalacat, Pampanga, mortgaged her property to Guagua Rural Bank as collateral for a loan. Due to her failure to fulfill her payment obligations, the bank foreclosed the mortgage, resulting in the property being sold at a public auction where the bank emerged as the highest bidder. Following the auction, a certificate of sale was issued in favor of the bank, and after the one-year redemption period lapsed without the petitioner redeeming the property, the bank consolidated its ownership, leading to the cancellation of the original title and the issuance of a new title in the bank's name. Subsequently, the respondent spouses purchased the property from the bank, and a new title was issued in their names.
On December 9, 2004, the respondents filed a Petition for the Issuance of a Writ of Possession with the Regional Trial Court (RTC) of Angeles City, Pampanga. The RTC ruled in favor of the respondents on July 15, 2005, ordering the issuance of the writ. The petitioner appealed this order on August 11, 2005. Before the appeal was resolved, the respondents filed a motion for a writ of possession pending appeal, which the RTC granted on March 28, 2006. The petitioner’s motion for reconsideration was denied. Subsequently, the petitioner filed a petition for certiorari with the Court of Appeals (CA), which denied her petition on March 18, 2008. The petitioner’s motion for reconsideration was also denied. The petitioner ...