Facts:

• Petitioner, Eligio P. Mallari, obtained a loan from Banco Filipino Savings and Mortgage Bank and executed a Deed of Mortgage over a parcel of land in Pampanga as security.
• Due to his failure to pay the loan, the bank foreclosed the mortgaged property.
• The bank was the highest bidder at the public auction sale, and a Certificate of Sale was issued in its favor.
• Petitioner failed to redeem the property within the redemption period, and the bank consolidated its title to the foreclosed property.
• Petitioner's certificate of title was cancelled, and a new one was issued in the bank's name.
• The bank filed a petition for the issuance of a writ of possession with the Regional Trial Court (RTC).
• Petitioner opposed the petition, claiming that there was a pending action for the nullity of the foreclosure proceedings.
• The RTC granted the bank's petition, and petitioner's motion for reconsideration was denied.
• Petitioner filed a petition for certiorari with the Court of Appeals (CA), which was dismissed for lack of merit.

Issue:

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Ruling:

• The Supreme Court denied the petition for lack of merit and affirmed the issuance of the writ of possession in favor of the bank.
• The Court held that certiorari was not the appropriate remedy.
• The Cou...(Unlock)

Ratio:

• Certiorari is only available if the tribunal, board, or officer acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law.
• The procedural steps set forth in Act No. 3135 should be followed, which allows the debtor to petition for the setting aside of the sale and cancellation of the wri...continue reading