Title
Supreme Court
Equitable PCI Bank, Inc. vs. DNG Realty and Development Corp.
Case
G.R. No. 168672
Decision Date
Aug 8, 2010
DNG defaulted on a P20M loan; EPCIB foreclosed, consolidated title, and obtained a writ of possession. DNG filed for rehabilitation, but SC ruled foreclosure valid pre-Stay Order, upholding EPCIB's actions.

Case Summary (G.R. No. L-8531)

Background of the Case

EPCIB extended a loan of ₱20 million to DNG, secured by a mortgage on a three-hectare property in Cabanatuan City. Due to financial difficulties following the Asian Economic Crisis, DNG defaulted on the loan, prompting EPCIB to initiate extrajudicial foreclosure proceedings. Following the public auction, the property was awarded to EPCIB, leading to the execution of a Certificate of Sale. Shortly afterward, DNG filed for rehabilitation under Republic Act No. 8799. The Rehabilitation Court issued a Stay Order, preventing any enforcement actions against DNG.

Legal Proceedings and Issues

DNG filed a petition in the Court of Appeals (CA), challenging several actions by EPCIB relating to the foreclosure and issuance of a writ of possession. The CA ruled in favor of DNG, declaring actions taken after the Stay Order as premature, including the issuance of the writ of possession and the consolidation of title in EPCIB's name.

CA's Reasoning for the Decision

The CA justified its decision by citing A.M. No. 00-8-10-SC, which mandates that a Stay Order issued in rehabilitation cases suspends enforcement of claims against the debtor. The CA emphasized that subsequent actions by EPCIB, including consolidating ownership and obtaining a writ of possession, violated the effect of the Stay Order. The CA acknowledged DNG's legal actions as not constituting forum shopping, as the objectives of the actions taken were to stay the foreclosures rather than challenge the validity of any specific actions directly.

Petitioner’s Arguments

EPCIB argued that the CA erred in its decision. It claimed that once the foreclosure sale was concluded prior to the Stay Order, it was a fait accompli, and all further actions related to title consolidation became a matter of right. EPCIB contended that mandamus and prohibition were improper remedies for DNG as the writ's issuance is a ministerial act following a completed foreclosure.

Resolution of the Supreme Court

The Supreme Court ultimately reversed the CA decision. It emphasized that based on the jurisprudential precedent set by RCBC v. IAC, actions taken before the issuance of a Stay Order remain valid and enforceable despite later proceedings in the rehabilitati

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