This case has been cited 2 times or more.
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2010-03-22 |
CORONA, J. |
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| The long-standing rule is that proceedings for the issuance of a writ of possession are ex parte and non-litigious in nature.[10] The only exemption from this rule is Active Wood Products Co., Inc. v. Court of Appeals[11] where the consolidation of the proceedings for the issuance of a writ of possession and nullification of foreclosure proceedings was allowed following the provisions on consolidation in the Rules of Court. However, the circumstances in this case are substantially distinct from that in Active Wood. Therefore, the exception granted in that case cannot be applied here. | |||||
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2010-02-11 |
CARPIO, J. |
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| Petitioners are wrong in insisting that they were denied due process of law when they were declared in default despite the fact that they had filed their opposition to the issuance of a writ of possession. The application for the issuance of a writ of possession is in the form of an ex parte motion. It issues as a matter of course once the requirements are fulfilled. No discretion is left to the court.[28] | |||||