Case Digest (G.R. No. 157660)
Facts:
Eligio P. Mallari v. Banco Filipino Savings & Mortgage Bank, G.R. No. 157660, August 29, 2008, Supreme Court Third Division, Austria‑Martinez, J., writing for the Court.Petitioner Eligio P. Mallari obtained a mortgage loan from respondent Banco Filipino Savings & Mortgage Bank and executed a deed of mortgage over a parcel in Pampanga. After petitioner defaulted, respondent proceeded with an extrajudicial foreclosure. Respondent was the highest bidder at the public auction; a Certificate of Sale in its favor was annotated on the title on May 20, 1999. Petitioner did not redeem within the redemption period, which expired May 20, 2000. Respondent consolidated title and a new title in its name was issued on August 30, 2000; petitioner’s prior certificate was cancelled.
On January 18, 2001, respondent filed an ex parte petition in the Regional Trial Court (RTC) for issuance of a writ of possession under Act No. 3135. Petitioner filed a Motion to Dismiss/Opposition on March 22, 2001, asserting that he had already filed (on May 16, 2000) an action for declaration of nullity of the extrajudicial foreclosure. Nevertheless, the RTC issued an Order granting the writ of possession on May 18, 2001; petitioner’s motion for reconsideration was denied.
Petitioner then filed a petition for certiorari with the Court of Appeals (CA). The CA, in a Decision penned by Associate Justice Juan Q. Enriquez, Jr. dated March 14, 2003, dismissed the certiorari petition for lack of merit, ruling that purchasers at extrajudicial foreclosure sales are entitled to possession and that courts have a ministerial duty to grant writs of possession even during the redemption period; the CA added that appeal (and the summary remedy under Section 8, Act No. 3135) was the appropriate remedy, so certiorari was unavailable.
...(Pro-only)Issues:
- Is certiorari under Rule 65 (as transposed through Rule 45 review) available to assail the RTC orders granting issuance of a writ of possession when remedies under Section 8, Act No. 3135, are available?
- Was the RTC’s issuance of the writ of possession in favor of the purchaser proper despite the pendency of an action to annul the extrajudicial foreclosure and desp...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)