Case Summary (G.R. No. 159469)
Petitioner and Respondent
- Petitioner: Jacqueline S. Uy, representing her mother Lucy S. Uy, who was a previous owner of the properties in question.
- Respondent: 3Tops De Philippines Estate Corporation, represented by its President Oscar M. Chua.
Applicable Law
The decision references relevant provisions of the 1987 Philippine Constitution and Act No. 3135, which governs extrajudicial foreclosure sales and subsequent possession of foreclosed properties.
Antecedents of the Case
Respondent filed an Ex Parte Petition on February 20, 2018, for the issuance of a writ of possession concerning two parcels of land in Bacolod City. The respondent claimed ownership of these properties following a series of transactions initiated after the original owner, Lucy S. Uy, defaulted on her mortgage obligations. Star Two, Inc. ultimately foreclosed the mortgage and subsequently sold the properties to the respondent.
Proceedings in the Regional Trial Court
The RTC granted the writ of possession in favor of the respondent based on its findings that the respondent had become the absolute owner after the mandatory redemption period had elapsed. The trial court noted that there were no claims of adverse possession from a third party at that time.
Petitioner argued that the trial court's actions were erroneous, citing potential bad faith by the respondent and irregularities in the foreclosure proceedings as barriers to enforcing the writ of possession.
Petitioner's Motion and the RTC's Denial
Petitioner filed an urgent motion to oppose the issuance of the writ, which the trial court denied on July 17, 2018, stating that the legality of the mortgage or foreclosure proceedings was not a valid reason to deny the writ of possession. Further, the trial court maintained that its duty to issue a writ of possession is ministerial, particularly since there was no viable claim of adverse possession.
Appeal to the Court of Appeals
Petitioner subsequently filed a petition for certiorari with the Court of Appeals, arguing that the RTC had abused its discretion. The appellate court dismissed the certiorari petition, affirming the trial court's orders and reiterating that the proper remedy to contest a writ of possession in such circumstances is an appeal under Act No. 3135. It stated that the existence of a pending civil case regarding the properties does not preclude the issuance of a writ of possession.
Core Issues Raised
- Whether petitioner availed herself of the appropriate legal remedy.
- Whether the trial court exercised grave abuse of discretion in sustaining the issuance of the writ of possession.
- Whether the alleged voluntary surrender of the subject properties by petitioner rendered the petition moot.
Evaluation of Legal Remedies
The appellate court concluded that the correct remedy for challenging the writ of possession is through a direct appeal, as specified in Act No. 3135. The court clarified that once the redemption period has passed without action by the mortgagor, the purchaser has an absolute right to possession. Therefore, the appellate court found no procedural misstep in the trial court's decision.
Finding on Grave Abuse of Discretion
The
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Case Overview
- This case involves a Petition for Review on Certiorari filed by petitioner Jacqueline S. Uy against respondent 3Tops De Philippines Estate Corporation, seeking to reverse the resolutions of the Court of Appeals (CA) which dismissed her petition questioning the issuance of a writ of possession by the Regional Trial Court (RTC) of Bacolod City.
- The dispute centers around two parcels of land in Bacolod City, previously owned by Lucy S. Uy, and the legal proceedings surrounding their foreclosure and subsequent sale.
Antecedents of the Case
- Respondent 3Tops De Philippines Estate Corporation filed an Ex Parte Petition for Issuance of a Writ of Possession on February 20, 2018, claiming ownership of the properties through a series of foreclosures and transfers dating back to a loan secured by Lucy S. Uy in 1995.
- The properties were foreclosed due to Lucy’s default and were eventually sold to the respondent by Star Two, Inc. after the redemption period had expired.
- Respondent asserted it had paid the necessary property taxes since acquisition and sought a writ of possession to eject adverse occupants, including petitioner Jacqueline S. Uy.
Regional Trial Court's Ruling
- The RTC granted the Ex Parte Petition on April 24, 2018, stating its ministerial duty to issue a writ of possession once the properties were consolidated in the name of the purchaser post-redemption.
- Petitioner filed an opposition throug