This case has been cited 1 times or more.
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2014-06-16 |
DEL CASTILLO, J. |
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| Though there are instances when the issuance of the Writ of Possession may be deferred,[81] we find none of these recognized exceptions present in the instant case. Spouses Sombilon claim that the sale between PNB and Atty. Garay was invalid as it was done in violation of paragraph 5, Article 1491 of the Civil Code. However, the alleged invalidity of the sale is not a ground to oppose or defer the issuance of the Writ of Possession as this does not affect PNB's right to possess the subject property. Thus, there was no reason for Judge Venadas, Sr. to hold in abeyance the implementation of the Writ of Possession. Clearly, he committed grave abuse of discretion in issuing the assailed Order holding in abeyance the implementation of the Writ of Possession because PNB, as the registered owner, is entitled to the possession of the subject property as a matter of right. | |||||